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Full text of "Land service bulletin : Volume 6"

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LAND OFFICE RlVL'SluE 



RECEIVED 

u. s. mi?) office 
UKA^|L|S,C4 



-PICE 





BLML!BRARY V 



BLDG50, ST-150A 
DENVER FEDERAL CENTER 

P.O. BOX 25047 
DENVER, COLORADO 80225 



INBSX 

VOLUME 6 

LAND service bulletin 



Abandoned military reservation; sale of 
Proctors Landing, Circular No». 804. 

Abandoned military reservation; regulations for 
opening lands near Deming, New Mexico, 



Circulu 



808. 



Accounts : 



Bills of lading; Circular No, 302. 

Lessees of oil lands; Circular Ho. 811. 

Depositing moneys; Circuit No. 812. 

Notation on expense .vouchers; Circular No. 816, 

Reports on expenditures; Circular No. 828. 

Sub-vouchers; Circular No. 832. 

And returns, annual report; Circular No* 833. 

Analysis of balance; Circular No. 835. 

Delinquencies; Circular No. 841. 

Shipments to Alaska through Seattle; Circular No. 844 

Acting Registers: Circular No« 860. 

Classification of expenditures; Circular No. 866. 

In the matter of contracts; Circular No. 870* 

Bi-monthly returns; Circular No. 868* 



Acts of Congress: 



Approved January 27, 1922, adding certain lands to the 
State of Texas. 

Approved January 30, 19 22, to add certain lands to 
Mount McKinley National Park, Alaska. 

approved March 20, 1922, to consolidate National 

forest lards- 
Approved April 25, 1922, extending time for payment 
of purchase money due on lands '-jit hin the former 
Cheyenne River and Standing Rock Indian reserva- 
tions. 

Approved May 9, 1922, extending the period for home- 
stead entries on the south half of the diminished 
Colville Indian Reee rvat ion. 

approved June 15, 19*2, to provide for the settlement 
of small holding claims in New Mexico. 

Approved September 21, 19 22, to allow credit for 

husband* s military service in case of homestead 
entries by wives. 



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Approved September 22, 19 22, for the relief of 

certain persons, their heirs or assigns, who here- 
tofore relinquished lands inside national forests 
of the United States. 9 57 

Approved September 22, 1922, to confirm school sections 

within the Everglades to the State of Florida* 9 58 

*r>y T cvc£ September 22, 19 22, to grant extension of time 

for development of underground waters in Nevada. 9 56 

Acting registers appointed. g 51 

acting register; Circular No. 850. 9 53 

administrative information. 4 ] 

Adverse possession as against a railroad grant docs not begin 
to run until after the approval of the survey of the 

gr anted lands. X 7 

aeroplane at home in Alaska. 6 8 

Agricultural entries on mineral lands in Alaska; 

Circular No. 342.' 7 30 

Alaska, extracts from the annual report of the Surveyor 

General of the Territory, 8 6 

^laska homestead lav;. 5 1 

Alaska, report from the chief of field division. 9 7 

Alaskan railroad authorized by Congress created a legal 

easement and the road is entitled to adjacent support 

as well as subjacent, as against a coal lessee. 1 15 



allotment : 



Only agricultural and grazing lands are subject to 
allotment under section 4 of the act of February 
3, 1887, hence allottee must take with a reserva- 
tion of the mineral contents to the United States. 5 14 

On Indian reservation under act of March 3, 1909, has 
no application to allotments on public lands under 
section 4 of the act of 1887 a 5 14 

Section 4 of the act of 18-37 does not confer a vested 
right to an allotment; such right is acquired by 
fulfillment of statutory conditions, 5 15 

Children of an allottee born after the parent had re- 
ceived an allotment under section 4 of the act of 
1387 not entitled to allotments thereunder. 5 15 

To an Alaskan native confers a vested right. 1 40 

Granted to an Alaskan native constitutes a vested right 
which is not affected by the subsequent issuance 
of an executive order of reservation. 1 14 

Under act of May 17, 1906; preference right thereto 
acquired by actual occupancy and use as against 
reservation for national forest. 1 16 

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Amendment cf entries; authorization of the Secretary by statute 
to grant amendments under special circumstances does net 
deprive him cf the exercise of his supervisory pov/er to 
grant amendments on other grounds. 

Amendment of a permit to explore for water under the act of 
October 22, 1919, may be allowed by the Secretary. 

American Mining Congress, anniversary convention. 

Annual Report of the General Land Office for 1922. 

Annual report, comments by the newspapers. 

annual report as to unappropi'iated lands; Circular No. 824. 

appeal from rejection of application to enter, if withdrawn 
precludes the applicant, from questioning tho validity 
of a subsequent entry by another. 

Applications, preference right of entry if simultaneous. 

approximation; assumption of authority by the land depart- 
ment in recognition of, is not tho basis for a charge 
of the exercise of arbitrary power. 

Approximation; benefits of the rule may not be invoked as a 

matter of right; may be abrogated altogether if the proper 
execution of the lav; calls for such action. 

Arkansas land erroneously meandered; Circular No. 864. 

Arrearages eliminated „ 2 7; 

Assistant supervisor of surveys for New Mexico. 

Aztec National Monument. 

Boise land district, special report. 

Boundary bctweon States; bank of the river defined in the 
suit between tho State of Oklahoma and tho State of 
Texas. 

Boundary, certified copy uf the original survey admissible 
to identify partially obliterated' corners. 

Boundary, rule for restoration of quarter corner section 
bordering on the north and west. 

Boundary between the State of Georgia and State of South 
Carolina defined and decidod. 

Brazilian International Centennial Exposition. 

Broad Pass coal field, Alaska; survey of 

Carey Act, La Prcle project in Wyoming patented. 

Carey Act; action will lie for damages to crops under a 
Carey Act contract where the construction company 
has bound itself to deliver the requisite quantity 
of water . 

Certified copies of records and papers; Circular No. 504. 

Chaco Canyon National Monument. 

Change of entries, act of January 27, 1922; Circular No. 817. 

Chew, George 3., retirement of. 

Cheyenne River Indian lands; entry validated by the act of 
January 27, 19 21, not relieved from payment of the un- 
paid installments of the purchase price. 

Cheyenne River and Standing Rock Indian Reservation, 
of Congress extending time for payments. 

Cheyenne River and Standing Rock Indian lard", 
of time for payments. 



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act 



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Chcyormc River and Standing Rook Indian lands, extension of 
tine for payments; Circular No. 829. 

Citizenship of married women; Circular Mo. 857. 

Civil liability for fraudulent acquisition of public lands. 

Classification of public lands. 5 8; 

Ccai mining leases; bond of lessee; Circular Mo. 809. 

Coal royalty receipts under mineral leasing act; 
Circular No. 831. 

Coal lease under act of October 20, 1914, subject to reser- 
vations contained in the act of March 12, 1914, au- 
thorizing construction of railroad in the territory. 1 14 

Coal lease under act of October 20, 1914, provides for 

arbitration in c^sc of conflict -.- f ith a railroad right 

of tray, 1 15 

Coal lands within the Fort Peck Indian Reservation are not 
lands owned by the United States within the meaning 
of the general leasing act. 2 26 

Coal lands; a selector under the act of June 22, 1874, 
entitled to equitable consideration under the pro- 
visions of the leasing act. 9 18 

Coal lands in Fort Bcrihold Indian Reservation remaining 

for disposition are subject to the general leasing act 

Commissioner visits southern land service. 

Comments of the Commissioner on the Denver conference. 

Color of title recognized in purchaser relying upon a 

Government patent, although not in actual occupancy 
of the land. 

Colvillc Indian Reservation, act extending time for hone- 
stead entries. 

Colvillc Indian Reservation, tine for filing homestead 
entries extended. 

Colville Indian Reservation, opening lands to entry. 

Colvillc Indian Reservation opened to entry; Circular 

No. 83 6±. 6 14 

Colville Indian Reservation; reclassification of lands 

within the south half of the reservation, and opening 

to entry. 6 25 

Confirmation under section 7 of act of March 3, 1891, de- 
termined upon the lapse of time after the "receiver's 
receipt." 12 8 

Contest: 

Six months within v;hich residence must be established 
begins to run in the case of a second hone stead 
entry when the entrynan is properly notified of the 
allowance of his entry. 3 21 

Notice should not issue on charge against homestead 
entry where, if the death of the entryman is known, 
the affidavit fails to set forth the name and resi- 
dence of each party adversely interested. 3 17 



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Abates if proof of service is not filed within 30 days 
from date .of service as required by Rule 8 of Rules 
of Practice;, and a second contest by the same party 
Y,dll not thereafter be sustained in the absence of 
explanation. 4 12 

Action of one of the local officers allowing contest 
proceedings during the absence of the other presum- 
ably the joint action of both officers. 5 19 

Against a homestead entry on the ground of abandonment 
justifies resort, to the records of the War Department 
'-here the entryman v/as present at the hearing and 
refused to testify. 11 20 

Not rejected for failure to comply with the non-military 
and non-naval averment where it is established by 
evidence that entrynah's absence was not due to mili- 
tary or nova?, service, and the- entry under attack 
is relinquished after initiation of the contest. 1 12 

The non-military and non-naval service averment re- 
quired by the act of July 28, 1917, should be ex- 
pressed in the words of the statute.' 3 18 

Against homestead entries, proof of non-military and 

non-naval service; Circular No« 815. 2 13 

The non-military and non*-naval service averment in the 
act of July 2;8 ; 1917, is directory and mandatory, 
but it is not necessarily jurisdictional* 3 18 

Failure of contestee to object to the allowance of a 
contest upon a defective affidavit in the matter 
of non-military or non-naval service precludes sub- 
sequent objection thereto where it is shown that he 
v/as net entitled to the protection of the act, 3 19 

Failure to allege non-military or non-naval service 
not ground for dismissal of contest where it is 
shown that the entryman was incapacitated from 
performing such service. 3 17 

Failure of affidavit to plead literally non-military 
or non-naval service not held fatally defective in 
case of subsequent relinquishment of the entry. 4 13 

Act of July 23, 193.7, requires affidavit charging 

abandonment to allege that the absence "was not due 

to military or naval service." 3 

Allegation that an entryman had "wholly abandoned his 
original and his additional entry" is too general 
in its terms to warrant an order for a hearing. 4 16 

Against homestead entry on a charge of abandonment 
must show that the absence was not authorized 
by Uv 10 12 

If erroneously dismissed by the local office on the 

ground of insufficiency of evidence the Commissioner 

is without authority to dispose of the case upon 

his reversal thereof without first affording the 

contestee an opportunity to submit testimony. 10 15 



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Against an additional stock-raising homestead entry not 
entertained on the ground of the cancellation of the 
original entry. 4 12 

Yfhere two applications are defective the junior is not 
entitled to a preference to amend solely on the 
ground that the former's application was less de- 
fective than the latter' s . 5 14 

Against desert entry based on the charge of disqualifi- 
cation on the part of assignee sustained. 3 16 

Contestant; preference right of successful. 1 1 

Continuance; allowance of on ground of the inability of the con- 
testant to bo personally present at the trial a matter of 
discretion. 1 14 

Conveyance; one who signs and acknowledges a deed is bound in 
the premises, though his name be omitted from the body of 
the instrument . 

Conviction and indictment 3- 

Cricket invasion of Colorado - 

Crow Indian lands; extension of time for payment; Circular 
No. 840. 

Davis, Garrett M.; retirement. 

Decoration of Division "B" for meritorious service in action. 

Delayed cases in the General Land Office. 

Denver conference of the surveying service . 

Denver conference; comments of the Commissioner. 

Desert- land entry; proofs by incapacitated soldiers; Cir- 
cular No. 805.* 1 26 

De3ert-land entrymen under relief act of Kerch 4 $ 1915, entitled 
to credit for residence maintained either before or after 
the relief is granted. 1 10 

Desert-land act of March 3, 1877, providing for the use of 

water has in contemplation only desert lands. 2 19 

Desert-land reclamation on land covered by an existing entry of 
another doe.s not give the applicant a preference right 
though the former entry is thereafter canceled. 

Desert -land final proof submitted but without final payment 

or adjustment to the plat of survey does not vest equitable 
title to the entryman. 

Desert-land entries will not be allowed in area3 where there is 

no evidence of a sufficient water supply. 4 13 

Desert-land; planting of a crop does not fulfill the requirements 
of the desert -land law; bona fide effort to secure a crop 
must appear- 

Desert-land entry; good faith is a controlling element" in deter- 
mining the question of compliance with requirements of 
the desert -land law. 5 l7 

Desert-land entry, citizenship of the State not a continuing 

requirement, but must exist at date of entry- 7 H 

Desert-land entry not allowed prior to payment of all taxes and 
assessments properly levied in accordance with the act of 
August 11, 1916. 



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Desert-lend final proofs; Circular No. 86?., 
District land offices; consolidated work reports 



Eddy, L. E„. resignation 
Enlarged Homestead : 







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Application for, accompanied by the required showing 
and pay. lent prior to designation of the land has 
the segregative effect of an entry- 
Entry under section J of the act upon wfiich residence 
is required is an original entry within the mean- 
ing of section 4 of the stock-raising 'hone stead act. 
Character of the land governs the area that nay be 

embraced in a settlement claim. 
Act of February 20, 1917, providing for additional 

right of entry extends to one who's e clain is par- 
tially within a national forest. 
Entry papers, list of common errors. 

Entry; tern used in the statutes and regulations relating 
to amendments to be construed in its generic sense as 
signifying an appropriation of public lands. 
Entry for less than a legal subdivision may be allowed for the 

protection of equities* 
Epheneris for the General Land Office, manuscript completed. 
Ephemeris for 19 23. 
Equitable adjudication. 
Equitable adjudication, instructions » 

Evidence; an answer by a contestee as a part of a motion may 
be treated as evidence in the disposition of the notion* 
Exchange of lands in New Mexico; Circular No. 850. 
Exchange of lands in national forests; Circular No. 867. 
Ex-service men; prefen^ed right of entry on restoration or 

opening of public lands. 
Extensions of tine under oil and gas prospecting permits; 

instructions of December 7, 1922. 
Federal Service Club of Salt Lake City. 
Federal water power act, held not unconstitutional. 
Fifty years of national parks. 
Final proofs submitted in advance of naturalization; 

Circular No. 861. 
Forest lieu selections; Circular No* 869. 
Fort Sabine abandoned military reservation, instructions ■ 

Circular No. 853* 
Forest boundary changes. 
Forest lieu selections; act for the relief of those who 

relinquished title but did not perfect selections - 
Fort Davis abandoned military reservation. 
Fort Keogh abandoned military reservation, Montana. 
Fort McPherson abandoned military reservation, Nebraska; 
survey of. 



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Fort Madison and 3elleview tovmsites, Iowa, special instructions; 

Circular No. 814. 2 10 
Fort Peck Indian lands; action on homestead entries for failure 

to make payment deferred. 5 9 

Franklin Lake bed, Nevada, survey of. 6 3 

Free nature guide service in the national parks. 3 14 

Fraudulent acquisition of public lands, civil liability therefor* 2 1 
Fraudulent patent, right of recovery in damages defeated through 

prior election to proceed for vacation of patent. 11 12 

Good words for good work. 8 11 
Grant in aid of schools and other purposes to Oklahoma, and the 

acceptance thereof constitutes a complete contract between 

the United States and the State. 6 20 

Grasshoppers imbedded in ice. 4 13 
Great Salt Lake; additional survey of lands on the northern 

boundary. 1 1 

Great Salt Lake; study of water level. 1 2 

Greetings to the public land service* 11 3 
Harrington, I.'r , Guy ?», assistant supervisor of surveys for 

New Mexico. 2 3 

Hawaii National Park, spectacular exhibition. 12 5 

iorestead : 

Final proof, entryman authorized to make proof at any time 
when he can show compliance with lav.* as to residence 
and cultivation. 7 14 

Qualification, ownership of land area of former perfected 

homesteads not counted.. 8 14 

Application filed by a single woman held equivalent to 

entry. 11 

Entry, on the death of sntryman leaving a widow and heirs, 

the right to perfect claim rests in the widow. 9 16 

Entry, right of guardian to sell the land for the benefit 

of minors o 9 14 

Entry, right of entryman prior to patent to convey water 

rights. 9 15 

Act of June 8, 1830, for the protection of one who becomes 
insane, inures to the benefit of the insane widow of 
an entryman. 9 16 

A live convict who is declared civilly dead by State law is not 
dead within the purview of section 2291, R.S., which gives 
the right of entry to a settler's widow, or if she be 
dead } to his heirs if he be dead. 5 17 

Conviction of crime and sentence to life imprisonment do not 
take away the statutory qualifications of a settler to 
make homestead entry. * 

Entry void when made because land was withdrawn for reclama- 
tion construction is not validated by subsequent order 
declaring the land not needed for construction purposes-. 1 17 

Entry invalid because the entryman is a minor becomes valid 
if he attains his majority prior to the inception of an 
adverse claim. ! 7 



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Provisions for final proof contemplates the appearance of 
the entryman before the proof taking officer, but his 
failure so to do vfiH not defeat the right of a mortgagee 
to show due compliance with lav/ on the part of the entry- 
man, 4 15 

Entryman under the act of July 28, 1904, as additional to a - 
patented original entry, does not forfeit his right to 
perfect the former by the subsequent alienation of the 
latter. 4 16 

Entry, act of July 28 5 1917, makes no exception to the general 
rule that the right to make an additional entry until 
exercised is intangible* 11 21 

Only entries initiated prior to military or naval service 

protected by the act cf July 28, 1917. 11 20 

Application rejected on the ground that the land had passed 
under railroad grant is not res ad judicata as between 
the railroad company and the United States* 2 23 

Entryman not estopped from exercising his homestead right 
by maintaining mineral claim on his land at the time of 
his entry. 2 23 

Additional entry under section 2 of the act of April 28, 
1904, based on a commuted original entry requires full 
compliance with the terms of the homestead act in the 
matter of residence and cultivation. 4 16 

Right to make additional entry dependent mpon showing 

qualification, 10 12 

Entryman is not precluded from mortgaging his entry prior 

to perfection of his equitable title. 4 15 

Claimant, who has made satisfactory final proof may there- 
after by will dispose of the land covered thereby. 4 11 

Exemption section 2296, FUS„, made applicable to all home- 
stead entries; Circular No. 826. ? 19 

Law which exempts a Government homestead from liability for 
debts contracted prior to the issue of patent, does not 
deprive the entryman from voluntarily subjecting such 
lands to the payment of his debts. 

Entry near Lewiston, Idaho. 

Smallest in area. 

Patents at Boise. 



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Homesteaders happy in Santa Fe land district. 

Indian allotments on public lands, amendment of regulations of 

April 15, 1918. 
Indian allotment on public land, coal reservation. 1 4! 

Indian Lands : 



Allotted in severalty are non-taxable prior to the removal 

of restrictions against alienation. H 

Fee patents predicated upon trust allotments should be issued 

to the heirs generally. 
Restrictions against alienation on land allotted to Indians, 

are in the "nature of personal disabilities imposed on 

the allottee. 

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Jurisdiction of the Secretary of the Interior over trust 
allotments ceases automatically on expiration of the 
trust period. 5 20 

Authority of the President to extend the period of the 
trust on Indian allotments if exorcised at all must 
be invoked prior to the expiration of the trust period. 5 20 

An "expectancy" consisting of the right to share in the 

division of the unallotted lands in the Crow Reserva- 
tion is a descendible right. 3 25 

Questions relating to the validity of conveyance nade by 
allottee during the interval between the expiration 
of the trust and the issuance of patent are cognizable 
primarily by the courts. 5 20 

A member of the Crov; tribe, who was enrolled on June 4, 
1920, but who died subsequently is entitled to a pro 
rata distribution of the remaining allotable lands. 25 

The irrigation system in the Flathead Indian Reservation 
is not a "reclamation project", and the Secretary of 
the Interior is not authorized by any statute to im- 
pose a penalty or obligation to po.y interest on land 
owners in that reservation who fail to pay stated 
charges. 3 24 

Acts of May 18, 1916, and February 14, 1920, authorize the 
Secretary of the Interior to collect /fees" iXyQa the ap- 
proval of a will by an Indian allottee. 3 24 

Approval by the Secretary of a will by a Chippewa allottee 
under a restricted patent does not remove the restric- 
tions against alienation. 3 24 

The act of April 23, 1904, impressed a trust on the pro- 
ceeds derived from a sale of unallotted lands in the 
Flathead Indian Reservation not affected by later 
general legislation. 3 23 

The term "public lands" employed in section 2448, R.S., is 

to be construed as including Indian lands- 3 26 

The acts of Hay 27, 1902, March 1, 1907, June 25, 1910, 

conferring authority upon the Secretary of the Interior 
to act, ure applicable to lands allotted to the Indians 
on the Fort Hall Reservation. 3 22 

Reservation of, created by executive order not affected by 
withdrawal, and may be restored by order of the 
President. 7 11 

Leasing Act of February 25, 1920, did not repeal the pro- 
visions of the act of February 23, 1891, relative to 
leasing lands within Indian reservations. 7 12 

Tifithin the Flathead Indian Reservation classified as timber 
lands, are specifically excepted from disposition under 
the mineral land laws, 9 21 

The Secretary of the Interior is without power to cause the 
cancellation of a patent in fee which has been placed 
on record in the General Land Office though not deliv- 
ered . 3 26 



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Indians on railroad lands; act of Congress, September 21, 1922. 9 54 

Indians occupying railroad lands in Arizona, New Mexico, or California; 

Circular No. 859. 
Indictments and convictions. 1 6; 

8 4; 
10 8; 
Injuries to field employees in the cadastral engineer- 
ing service. 
Internal Revenue; instructions of the Treasury Department. 
Irrigation; 

Of arid lands in Nevada; Circular No. 566. 

In Nevada, Pittnan Act extended. 

System on the Flathead Indian Reservation is not a 
"reclamation project." 

System may take advantage of a natural coulee for the con- 
veyance of v/aters. 

Amount of appropriation is guaged by the amount of -rater 
token into the head of the ditch* 

Use of water held to be continuous when used as often as 
necessary. 

Isle Royale group of islands withdrawn in aid of pending legisla- 
tion. 3 26 
Jefferson National Forest, meander of Smith River as the western 

boundary. 4 1 

Jurisdiction of the Commissioner of the General Land Office not af- 
fected by failure of the receiver to join with the register 
in a decision. 1 11 

Jurisdiction of the Land Department final in matters entrusted 

to it for determination. 7 10 

Jurisdiction; the successful applicant in a contest for the right 
of entry, necessary party in proceedings to restrain the De- 
partment from the issuance of patent. 8 12 
Jurisdiction; the Department will take cognizance of only the 
legal sufficiency of the adjudications of decisions brought 
before it for review. 10 15 
Jurisdiction of the Land Department extends to the protection 
of equities and may award a preference right upon a ground 
other than that of physical occupancy if the claim is not 
asserted under a settlement law* 10 18 
Xaibab and Piute Indians, restoration of -ithdrawal made for their 

benefit. 7 17 

Lamar district land office wins honor in national rifle match. 7 6 

Land Service Bulletin organ of administrative information. 4 1 

Land decisions, volume 48. 12 1 

La Prele Carey Act project, in Wyoming, patented. 1 

Lassen Volcanic, National Pork, California, survey of. 7 2 

Lav; students and graduates in the land service- 5 49 

Laconte memorial lectures in the Yosemite, 19 22. 5 7 

Legal honors for the Land Service. 9 5 2 

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21 



Letters to be addressed to Commissioner of General Land Office; 

Circular No. 848. t 8 22 

Lieu selection, the tender of any applicable scrip or right 

nay be permitted as supplemental to insufficient base, 7 13 
Limitation of action, time does not run as against the United 

States where the fraud -/as not discovered within the 

six«-year period of limitation. 
Limitations in criminal proceedings -extended . 
Local land office hours. 
Meander lines in surveying fractional portions of public lands 

are not boundaries. 4 10 

Measure of damages in case of oil trespass governed by 

Louisiana Code and decisions. 12 6 

Military service compensation award, act of April 6, 1922; 

Circular No. 821. 3 3' 

Military bounty land warrants and kindred legislation. 
Military or naval service protected by the act of July 28, 

1917, covers only the period of such service. 
Military service; credit for allowed in case of homestead 

entry by rife; act of September 21, 1922. 
Mineral leasing act; instructions concerning extension* of 

under oil and gas permits, Circular No. 801. 
Mineral leasing act, extension of time; Circular No* 801. 

Mineral character of land; evidence held not sufficient to 
justify cancellation of patent though falsely stated 
by entryman. 

Mineral leasing act; report to Bureau of Mines of rentals; 
Circular No. 813. 

Mineral deposit of limestone held to not constitute a vein 

giving extra lateral rights. 2 19 

Mineral lands; contract of sale with reservation of minerals, 
and right of exploration for gas and oil does not reserve 
the cv/nership of the oil and gas itself. 4 11 

Mineral character of land at date of final proof not es- 
tablished by field report, but subsequent inquiry may 
ho based thereon. 

Mineral waiver submitted by special agent not accepted. 

Mineral leasing act, program of procedure. 

Mineral laws and regulations thereunder; Circular No. 430. 

Mining Claim: 

Recital of discovery in a recorded notice of location does 

not constitute evidence of discovery. 5 15 

Discovery of a vein or lode necessary to sustain a lode 

location, but disclosure of commercial ore not essential. 5 15 

The discovery vein is the primary vein for the purpose of 
location, and determining which are the end and which 
are the side lines. 4 12 

Cancellation of claims embraced within a mineral entry upon 
which discovery is not made until after application, will 
not be required v/here the group is held in common ovmor- 
ship and forms a contiguous body. 5 16 

-12- 



f • 


4 


22 




3 


9 




4 


12 




9 


56 


time 








1 


21 


4 22; 


12 


15 


3 33 








1 


5 




7 


40 



2 


24 


4 


6 


8 


35 


8 


16 



3 


16 


5 


16 


11 


18 


5 


11 



Mining Clain (continued): 

Recitals in the recorded clain control as to the distance on 

either side from the point of discovery- 6 21 

Rule of property recognized in R^ugh Rider case not applied 
where the title v/as acquired and application for patent 
filed after the regulations of May 21, 1909. 5 15 

Elimination fron a mineral entry of clains upon which satis- 
factory discovery has not been shown not necessarily 
calling for cancellation of clains thereby rendered in- 
contiguous. 5 16 

Suspension of annual expenditure requires due notice of in- 
tention to hold the claim, 10 10 

Relation between a mineral survey and conflicting public- 
land survey is sufficiently shown by the tie of the 
mineral survey to one of the corners of the public- 
land survey, and by the courses and distances given 
in the respective surveys. 5 17 

Determination by a court of competent jurisdiction that a 
lode was net a vein or lode known to exist at the date 
of a placer application may be accepted by the Depart- 
ment . 

Expenditures on adjacent mining ground under a system com- 
mon to both claims recognized. 

If a co-ewner applies for a patent in his own name, omitted 
associates may maintain an adverse suit. 

Adverse proceedings may be prosecuted by alien. 

For lands within the revested Oregon and California grant 
prior to their classification, but later classified 
as power-site lands is void ab initio . 2 26 

Wo extra lateral right exists to a vein or lode beyond the 
point where in its course outside the claim it becomes 
flattened and extends from this horizontally. 10 10 

Mississippi swamp lands, title relinquished by McLaurin Act . 

Mount McKinley rational Park enlarged, 

Mora Grant Case . 

Mortgagee, notice to, of relinquishment. 

Mortgagee, who has filed notice of his interest under Rule 98, 
Rules of Practice, must bo given notice of any relinquish- 
ment filed, and in the absence of his consent thereto or 
notice thereof, such relinquishment will not be accepted. 4 15 

Mortgage given upon a homestead entry prior to the submission 

of final proof to secure money for improvement of the land 
is not an alienation of the land or in violation of secti 
2295, R.S. 

Mortgagee who has filed notice of his interest is entitled to 
protection and by Rules 2 and 98, Rules of Practice, must 
bo made a party defendant in any adverse proceedings. 

National forest homestead entries; Circular No,, 263. 

National forests; Circular No. 863. 

National forest surveys. 

National forest lands, act to consolidate. 

-13- 



5 


11 


1 


49 


3 


5 


2 


18 



13 



5 


13 


5 


39 


11 


32 


2 


5 


2 


34 



3 


14 


11 


9 


11 


14 



National parks; free nature guide service. 
National parks, first fifty years of history. 
Navigable v/ators defined. 
Navigability of a river determined by its capability of use 

by the public for purpose of transportation. 11 18 

Navigable Waters : : 

Definition of shore line. 12 11 

"/here a bayou once navigable has ceased to be so the 
State has the right to lease it to persons desir- 
ing to drill for oil. 2 23 
5-J.o of abandoned channels under Kansas statutes. 6 21 
Power of the Government to make grants of land below 
high -.-rater nark not affected by the Louisiana 

purchase treaty. 11 14 

Ordinance for the northwest territory with respect 
to navigable waters does not prevent State from 
granting soil to private owners* 7 10 

Non-mineral showing a? affected by the leasing law* 4 18 

Non-navigable stream; bed of does not pass to the State 

on its admission to the Union. 4 10 

Nova Scotia crown lands. 10 8 

Obituary : 

Major Bonner. 7 46 

Mrs. Eva S. Evans. 6 2 

John H. Gillis. 9 62 

George F. Graham. 10 49 

Michael A. McKenna. 7 46 

Joseph Morrison. 2 39 

Henry W. Sanf ord . 5 5 ^ 

Mrs* Florence Underwood. 2 6 

Obstruction of the public domain, act of February 25, 1885, 

construed by the United States Supreme Court. 11 11 

Office hours in district land offices. 9 21 

Officers, employees and their -: r ives not to be interested in 

procuring leases or permits, 
Offices of Land Service at Santa Fe, New Mexico. 
Official correspondence. 
Official forms in public land procedure. 
Oil and gas activities. 1 18; 2 27; 51; 

4 19; 5 46; 5 47; 

6 27; 7 41; 8 38; 

9 37;10 46; 11 27; 

12 41 . 



6 13 

3 4 

6 7 

1 49 



Oil and Gas Lands : 

Primary jurisdiction over protests or contests against 

oil and gas permits vested in the Commissioner. 10 14 

Lands withdrawn by the executive for the use of the 

Indian are "owned by the United States" within the 

terms of the leasing act. 7 

-14- 



12 



Oil and Gas Lands (continued): 

Proceeds from rents and royalties secured under leases of lands 
within Indian reservations created by executive order 
should be deposited in a special fund. 7 12 

Act of February 28, 1391, relative to leasing Indian lands 

not applicable to reservation created by executive order, 7 12 

Location of permits must be in general conformity with the 

system of public land surveys. 7 12 

Outstanding prospecting permit must be canceled upon the 
records of the local land office before the allowance 
of another, 9 17 

If within a known geologic structure is not subject to any 

form of entry under the homestead laws, 10 11 

Preference right granted by section 20 of the leasing act 
attaches upon the filing of a completed application 
for a permit. 10 18 

Homesteader must consent to a reservation of the oil and 
gas content where entry is suspended and the land is 
found to be within a producing oil field. 11 21 

The right of an applicant under the relief provisions of 

the leasing act may be lost by laches. 10 11 

Possession and occupancy of a mining claim unaccompanied 
by prosecution of work leading to discovery not suf- 
ficient for a lawful exclusion from the claims of 
others who seek to explore the land for minerals. 5 18 

Instructions of October 6, 1920, for the rejection of appli- 
cations to enter, construed and applied. 11 19 

As between conflicting applicants for prospecting permit 
under section 19 of the leasing act the superior right 
will be accorded to the junior claimant where he was for-" 
cibly prevented from proceeding with development work 
by the other party. 5 19 

Oil and Gas : 

Applications under section 14 of the leasing act; 

Circular No. 823. 4 24 

Conflicts with non-mineral applications; order of 

January 15 , ■ 19 23 . 
Permits, relinquishments; circular of January 15, 

19 23. 

Deposits while they remain in the ground are a part 
of the realty, but when brought to the surface 
become personal property. 8 13 

Prospecting permit; on the cancellation by voluntary 
relinquishment of an unrestricted homestead 
entry during the pendency of an application for 
permit the rights of the applicant attach. 
Prospecting permit not allowed for lands included 

within the limits of a producing oil and gas field. 1 10 
Prospecting permit under section 20 of the leasing 
act granted an applicant to make homestead entry, 
filed prior to the inclusion of the land within 
a petroleum reserve. 

-15- 



12 30 
12 30 



18 



15 



Oil and Gas (continued): 

Prospecting permit; preference right accorded to an appli- 
cant for a second hone stead entry. 3 19 
Prospecting pernit ; application for does not require 

prior posting of notice on the land. 3 20 

Prospecting pernit ; failure of application to conform 
to requirements of compactness will not defeat 
right in the presence of an adverse claim, if 
election is made within reasonable tine. 3 20 

Prospecting permit, or a lease, is not an "entry," 
"location," or other "disposition," within the 
meaning of section 24 of the Water Power Actt of 
June 10, 19 20. 3 22 

Prospecting permit is not an "entry" within the mean- 
ing of that term as it is used in the public land 
laws . 3 22 

Prospecting permits and leases for lands in power- 
site withdrawals, and reservations for power pur- 
poses, do not require the restrictions provided 
by the regulations of the Federal Power Commission. 3 23 
Prospecting permit ; section 19 of the act of February 
25, 1920, presupposes that the claimant has no in- 
terest in the land that can be otherwise recognized. 4 14 
Prospecting permit; right conferred by section 19 of 
the leasing act is in the nature of a preference 
right which may be exercised or waived, and failure 
of due assertion is of necessity a waiver. 4 14 

Prospecting permit; right of a third party to file an 
application for a tract covered by an unrestricted 
homestead entry of another included within the 
regulations of March 11, 19 20 • 5 18 

In place are not subject to absolute ownership as spe- 
cific things apart from the soil of which they form 
a part, but the owner of the soil may cede the right 
to appropriate the same to another. 8 13 

Permits in Alaska, regulations; Circular Ho. 845. 8 15 
Prospecting permit allowed under section 20 of the leas- 
ing act to the transferee of an indemnity school 
selection. 9 17 

Prospecting permit does not attach prior to the filing of 

an application in the form and manner prescribed. 9 17 
Prospecting permit under section 13 not defeated by one 
holding under a relinquishment of an unrestricted 
entry. 9 I 8 

Prospecting pernit not allowed as a preference right to 
one who only had a settlement claim at date of 
the withdrawal. 9 20 

Prospecting permit under section 19 dependent on the 
compliance with law at date of the passage of the 
leasing act. 1° 19 

-16- 



Oil and Gas (continued): 

Permit, subject to contest based upon natters affecting the 
legality of the claim not disclosed by the records or 
known to the Department. 10 14 

Prospecting permit nay be properly denied if the lands were, 
at tine of filing, within a known geologic structure, 
though not designated as such until later. 1 

Prospecting permit once denied will not be reinstated to 
the prejudice of competing applicants in the absence 
of appeal from the original action. 1 10 

Propsecting pernit not granted as a preference right to a 

homestead entrynan whose entry was made after the .enact- 
ment of the leasing act. 1 10 

Permits in the General Land Office. , 5 46 

Prospecting permit; discretionary authority of the Secretary 
to allow surface homestead entries upon lands covered 
by oil and gas permits recognized by section 29 of the 
leasing act, subject to the rights of the permittee. 5 18 

Are of a fugacious nature and belong to no one until actually 

brought to the surface of the ground. 8 13 

Oil leasing act in its provision? for relief does not imply that 
an application will be defeated by the failure of a co- 
claimant to join therein. 4 14 

Oil placer claim; performance of annual assessment work, in 

the absence of discovery can not defeat the interest of a 
co-locator- . 4 14 

Oil placer location under assertion of prescriptive title, in 

the absence of discovery, will not defeat outstanding interest 

of record. 4 14 

Oil drilling rigs, derricks, etc., placed on land under drilling 

contract, no part of the realty. 2 22 

Oil finder reported. 8 12 

Oil shale lease; the limitations contained in section 27 of the 

leasing act are applicable to an oil shale lease. 5 21 

Oil shale lease; the limitation contained in section 21 of the 
leasing act prohibits a lessee from taking and holding 
more than one lease irrespective of whether the leased area 
is in one State or another. 20 

Oklahoma under the act of admission was not required to sell the 
lands granted thereto, but if sold, it should be in accord- 
ance with the manner provided for in the grant. 

Oklahoma on its admission into the Union took sovereignty over 
the oublic lands in the condition of ownership as they were 



then. 



20 



11 15 



Oregon and California revested railroad lands. 1 48; 5 6; 7 19 

Oregon and California railroad land grant; indemnity limit 

surveys . 3d 

Oregon and California revested land, exchange for lands in 

private ownership to consolidate Government holdings. 4 

Oregon and California railroad lands classified as power-site 

lands are open to exploration only as to metalliferous 

minerals . * 

-17- 



16 



Oregon Lumber Conpany; consent decree against, in favor of the 

Government for .''.10,000 on account of timber taken in 

trespass. 
Parker townsite, Arizona, instructions. 
Patent for smallert homestead. 
Patents, large and small. 
Patents follow final proof without delay. 
Patent canceled on judicial decree for failure to comply with 

the law in establishing and maintaining a residence. 
Patent issued on a waiver of mineral rights will not be 

reformed on a conclusion reached in a proceeding to which 
the patentee was not a party. 
Placer location for oil prospecting protects possessory occu- 
pant from trespass. 
Placer claim held in occupancy defeats the right of appropria- 
tion under the coal-land lav/. 
Possessory rights may be the subject of a contract between 

actual settlers. 
Possessory rights which will support an action of forcible 

entry and detainer do not require actual physica.1 

presence on the premises. 
Power sites; the President retains jurisdiction over lands 

withdrawn by him as power sites until an application for 

water power privileges is filed therefor. 
Practice, the office of a subpoena under the act of January 

31 s 1903, is to secure the attendance of witnesses. 
Preferred right of entry to ex-service men on restoration 

or opening of public lands; Circular No- 803. 
Preferred right to ex-service men on the restoration or opening 

of public lands; Circular No. 822. ' 
Preference right of entry accorded to ex-service men by act 

of February 14, 1920, attaches to lands restored to 

entry after the passage of the act. 
Preferred right of entry allowed to citizens of the United 

States, who served with the allied army during the World 



3 


8 


9 


39 


7 


9 


6 


9 


8 


11 



11 



11 



Y/ar . 

Preference right to ex-service men must be applied impar- 
tially. 

Preliminary examinations. 

Preference right of successful contestant. 

Presidential appointments . 



12 



Pi'ivate land claim of long standing decided. 

Program of procedure for handling cases under the mineral 

leasing act . 
Prospecting permit not within the act of May 14, 

awarding a preference right to successful cbntestan' 
Prospecting permit of land covered by an agricultural 

entry made without restriction can not be allowed while 

the entry remains in such condition- 



12 
16 

9 



16 
20 
24 
19 

13 

45 







7 


10 






9 


1 






1 


1 


1 54; 2 


38; 


3 


43 


5 56; 6 


31; 


7 


45 


8 52;10 


50; 


11 


53 






10 


9 


e mineral 








8 


35; 


11 


28 


1680, 








nte3tant - 




3 


22 



11 



21 



■13- 



Prospecting permit as a preference right in a case of a homesteader 
to be determined as of the date that he filed his consent 
to a mineral reservation. 11 21 

Railroad Grant : 

Segregation required of lands found to be mineral in char- 
acter embraced within a selection. 10 19 
L^nds known to be valuable for their deposits of iron 
and coal net subject to selection under the act of 
June 22, 1874. 9 17 
Exclusion of mineral lands from the grant contemplates 
that such lands should be considered as a single 
estate, and such intention is not modified by 
the act of July 17, 1914. so as to permit the se- 
• lection of the surface of oil lands. 5 14 
Authorizes the Secretary of the Interior to prescribe and 
enforce reasonable regulations respecting the 

mode in which indemnity selection shall be made. 1 8 

A forty-acre tract, or a fractional lot being the smallest 
regular subdivision constitutes the unit of the 
public lands in classification under the agricultural 
or mineral laws* 10 16 

Indemnity rights under the act of August 5, 189 2, does 

not include lands held by a bona fide settler. 2 23 

Right of selection under act of June 22, 1874, is in the 
nature of a lieu "selection not limited to odd- 
numbered sections, 9 18 
Adverse possession against does not run until after ap- 
proval of survey of "the granted sections. _ 1 7 
Exchange act of April 28, 1904; validity of selection 

must be determined according to the conditions exist- 
ing at the time v/hen it -/as made. " 5 10 
Railroad right of v/ay over mineral lands confers a right to 
the support of the road bed and rolling stock as 
against the right to remove ore from beneath the right - 
of -way. 1 14 
Railroad right of v/ay, adverse possession. < 3 15 
Railroad right of v/ay under the acts of July 2, 1864, and 
July 1, 186 2, valid as against settlers after the 
passage of the second act. 3 14 

Reclamation: 

And desert-land entries by incapacitated soldiers'; Circular 

No. 830. 
And desert-land entries, instructions under act of April 

19 22; Circular No. 830. 
Entries, instructions; Circular No. 838. 
Elimination of lands from Withdrawal, instructions of 

December 22, 1922. n 2£ 

Authority of the State to impose taxes upon lands cm- 
braced within an incomplete claim. 2 20 

-19- 



5 30 

6 16 



Reclamation ( continued) : 

The right to enter lands withdrawn for purposes of irrigation, 
where the lands were covered by a prior entry which has 
since been relinquished, not United to those in privity 
with the original entryman. 1 7 

Act of June 25, 1919, as amended by act of August 13, 1914, 
applies only to lands susceptible of irrigation under a 
proposed project, 1 7 

The proviso to section 10 of the act of August 13, 1914, 
anending section 5 of the act of June 25, 1910, con- 
templates the establishment of farm units and availa- 
bility of water before the allowance of entry. 3 20 

Withdrawal under first form does not defeat the equitable 

title acquired by indemnity school selection. 5 13 

Right of entrynan to receive credit for payments made pend- 
ing transfer of title between himself and another. 7 14 

In the construction, "maintenance and operation of canals 
upon a right of way conveyed to the Government, the 
United States is not liable for general damages re- 
sulting from the use of the easement. 9 19 

Reimbursement allowed for construction charges not proper- 
ly part of an irrigation unit. 9 19 

Project at North Platte, public sale advertised. 1 47 

Provisions of the act of March 31, 1922, relaxed the re- 
quirements of section 6 of the act of August 13,1914. 10 14 

Reclamation Service, twentieth anniversary. 

Reclamation Service, twentieth anniversary of its establishment 

Reclamation Service has authority to take over operation of a 

State irrigation system to protect its own claim against 

the district. 
Recovery in case of fraudulent patent, election of remedy. 
Red River oil field, Oklahoma and Texa3 boundary case; decision 

of Supreme Court. 
Red River oil field. 

Registers and receivers; consolidation of offices. 
Registers and receivers requested to call attention to long 

pending cases; Circular No. 839. 
Regulations by the Secretary of the Interior of traffic within 

Rocky Mountain National Pork not unconstitutional. 
Relinquishment of encumbered lands, notice to mortgagee; in- 
structions of March 31, 1922. 
Relinquishment with repayment cases, instructions; Circular 

No. S20. 
Relinquishment; filed subsequently to a contest presumptively 

the result thereof. *■* 

Repayment; price of all lands in the forfeited Texas and Pacific 

railroad grant fixed at $2.50 per acre. 
Repayment, application for oil and gas prospecting permit is 

within the provisions of the repayment act of March 26,1908. 11 23 

-20- 



6 


7 


10 


3 


8 


13 


11 


12 


4 


9 


5 


3 


2 


38 


6 


17 


11 


15 


2 


18 


3 


36 



16 



4 


33 


8 


39 


12 


33 



Repayment allowed to a transferee of a placer oil claia, where 
a patent is denied for the reason that the location was 
fraudulently made, it not appearing that the transferee 
had knowledge of such fact* 1 12 

Residence; failure to establish upon a homestead entry not 

excused on the ground of poverty and personal injury- 1 11 

Res judicata; doctrine will be applied whore patent has issued 
under final determination and another seeks to reopen 
the question in connection with adjacent lands. 10 17 

Restoration in the absence of express terms specifying manner 
thereof leaves the latter to determination by the Secre- 
tary of the Interior. 4 ' 13 

Restoration of lands within the former Colville Indian Reserva- 
" tion. 5 21 

Restoration and opening of public lands to homestead entry and 
other disposition- 1 4] ; 2 23 ; 3 27; 

5 40; 6 22; 7 15; 
9 25; 10 20;- 11 41; 

Resurvey, instructions of January 19, 1923, under the decision 

of Cox v. Hart in the United States Supreme Court. 12 12 

Resurvey, legislative authorization is in effect a declaration 

that the lands theretofore were unsurveyed. 11 14 

Resurvey of lands on the northern boundary of Great Salt Lake. 1 1 

Resurveys; a circular letter of advice. 7 3 

Resurveys; a correction. 9 5 

Resurvey, until approval subdivisions should be iddntified by ' ' 

their former description. 3 15 

Resurveys in Montana. 2 4 

Resurveys considered in the Transactions of the American 

Society of Civil Engineers. 12 4 

Rights of widows and minor children of widows of deceased 

soldiers; Circular Wo. 855 „ 11 37 

Right of vray allowed under the act of May 14, 1898, not af- 
fected by the subsequent allowance of Indian allotment, 
where the right -of way was approved prior to the act 
authorizing the allotment. 1 15 

Riparian ownership on non-navigable stream extends only to 

the middle line. 4 10 

Riparian Rights : 

Extend to the thread of the stream but can not extend 
beyond a near navigable stream to reach one further 
removed. 7 10 

Owner of land to the meander line holds also the fee of 
subaqueous land on the river side of the meander 
line to the middle thread- 7 10 

In Idaho the State holds title to the beds of navigable 

streams below the ordinary high water nark. 15 

When land bordering upon navigable water is granted by 
patent, the adjacent land under the water does not 
pass. 

-21- 



15 



Riparian Rights (continued): 

To the use of public waters must have been acquired by settlement 

en public land, prior to desert -land act a 2 19 

On certain lands in the State of Arkansas; act of Congress 

approved September 21, 19 22- 9 55 

Of proprietors on the sane stream are mutual and recipro- 
cal . 4 10 

The fact that a stream is a small one rising from springs 
does not give the owner of the land any greater rights 
than he would have in ether cases. 8 14 

Riparian owner may appropriate water running through upper land 

owned by the Government. 3 15 

Riparian owner, improvements made by, in aid of navigation be- 
long to the shore owner as an accretion. 10 11 
Rule 72, Rules of Practice, does not prevent the Commissioner 
before an appeal is taken, from reconsidering his action- 
Saline reserve in Oklahoma opened to entry; Circular No* 852. 
Sanderson, J. W. f retirement from the service* 
Sanish townsite reappraisenent* 
Santa Fe -announces the arrival of patents. 

School Land : 



3 


21 


8 


32 


6 


31 


7 


20 


7 


7 



Date of the acceptance of the plat by the Commissioner of 
the Land Office determines when the title passes 
under the grant. 

Section 2275, R.S., excepts from the grant lands em- 
braced within a valid settlement claim prior to 



11 22 



10 14 



survey. 
Section 2275, R.S., authorizing protraction of surveys 

has reference only to lands in place. H 

Designation of land as the basis of a selection estops 

the State from subsequently asserting title to the 

base lands.. 
To except lands from the grant to the State of Utah, 

it must be shown that at xhe date the grant presumptively 

attached the known conditions were such as to justify 

the belief that the land was valuable for its deposits ^ ^ 

A coal application for lands presumptively within the 

grant to the State is merely an application to contest 
the right of the State and does not confer upon aPPjj" 
cant any right that can constitute a valid claim with- 
in the saving clause of the act of February 25, 19.0. 10 

School sections in the Everglades, Florida, confirmed to the ^ ^ 

State- , 

School section found to be mineral in character prior to 

survey not revested in the United States in the absence 

of indemnity taken therefor. 

-22- 



24 



School section found to be mineral in character after approval of 
the survey not subject to mineral entry until after exchange 
thereof for other lands. 2 25 

School indemnity; defects in selection nay be cured prior to 

. intervention of. adverse rights. 5 12 

School indemnity selection; rights attach as soon as the se- 
lector has done everything required of him preliminary to 
the passing of title. 1 8 

School indemnity provision for lands within the Crow Indian 
Reservation under section 16 of the act of June 4, 1920, 
construed . , •• • . 3 25 

School grant to the State of Mew Mexico become effective by 
the proclamation admitting the State into the Union on 
January 6, 1912. ■ 3 21 

Scrip, act of December 23, 1876, authorizing certificate of 
location of Samuel Ware contemplated that "Missouri 
territory" was to be restricted to the territory as 
organized into counties. 
Scrip, location of Ware. ' 



7 


13 


5 


9 


11 


16 


2 


9 



Secretary of the. Interior legally authorized to delegate the ■ 

performance of duties to a designated subordinate. ■ 
Serial numbers, special instructions; Circular I;o. 813. 
Settlement upon public land .not at the time subject to dispo- 
sition prior to its ' orderly .'.-and formal restoration can not be 
made the basis' of a preference right under the act of May 
14, 1880. 4 13 

Settler under the act of Hay 14, 18G0, required to file his 

claim within. specific time in order to protect his right 
as against a later settler*, , 10 13 

Settler upon unsurveyed land subsequently designated is not 
entitled to enlarge his claim to the full extent of 
320 acres in the presence of an intervening adverse 
claim. 
Simultaneous applications, preference right of entry. 
Smallest homestead thus for. 
Small holding claims in Nev; Mexico, instructions; Circular 

No. 849. ' • • 
Small holding claims, act for settlement. 
Soldiers 1 and. sailors' homestead rights; revision of Circular 

No. 302- 
Soldiers 1 and sailors' homestead rights; Circular No- 302. 
Soldiers' additional right, cancellation of an original homestead' 
entry on the ground of invalidity does not exhaust the 
entryman*s homestead right. . 11 22 

Soldiers 1 additional, doctrine of res judicata applied to 
a homestead entry, which was canceled in accordance 

with the construction of the lav; then in force. 11 22 

Soldiers' additional, right of entry recognized in an occu- 
pant of land eliminated from a national forest for 

townsite purposes. 10 18 

Soldiers of past wars; provisions made by the United States 

for the benefit of. 3 9 

-23- 



4 


17 


7 


6 


8 


12 


8 


23 


5 


55 


2 


7 


6 


10 







4 


6 






6 


26 


47; 2 


• 27; 


3 


26 


39; 7 


IS.; 


10 


31; 


41. 









1 


20 


1 


35 


1 


31 


10 


33 



Special agents prohibited from accepting or taking relinquishments 

or waivers from claimants. 
Statutory limitations . in criminal cases extended. 
Stock drive-ways, withdrawals, and restorations. 1 

5 
12 
Stock driveways in western Colorado under consideration 
Stock raising homestead: 

Circular Mo. 5 23.' 

Instructions' as to contests*, Circular No* 810. 
Forms for final proofs; Circular No* 807. 
Amendment of regulations; Circular No. 846. 
Act confers no preference right of entry before designation 
of the land either by reason of prior settlement or pur- 
chase of possessory rights'. 13 

Act does not require additional entryman to show that he 
was not the owner o: more than 160 acres of land in 
the United States- acquired under other than the home- 
stead lav;. 4 17 
One who applies to have his additional entry changed to an 
original entry must show that he is not the owner of 
more than 150 acres of land in the United States ac-. 
quired under other than the homestead law« 4 17 
Entry made as additional to an original homestead that was 
previously perfected and scld» can not be enlarged by 
the addition of incontiguous tracts. 4 17 
Sections 1 and 3 of the stock -raising homestead act to be 
construed in harmony with sections 4 and ,5 thereof as 
amended by the act of September 29, 1919. 9 19 
Applications for additional entry that can not be allowed 
confers no right to have it treated ^s an original ap- 
plication. ." 7 11 
Right to make an original entry on account of, a previous- 
additional entry under section 2 of the Kink aid. Act depend- 
ent upon showing qualification. 10 12 
Original right to make entry based upon qualification to 
make an additional entrv under section 2 of the ICinkaid 
Act. , 10 13 
The term, "existing entry" and "original entry" as used 
in section 4 of the stock-raising act mean one and the 
same thing. 10 17 
Section 8 confers upon those who occupy their homesteads a 
preference right to contiguous lands regardless of 
whether patent had or had not issued. 10 17 

Suggestions to homesteaders; new edition of Circular- Ho « 541. 2 7 
Supervisory authority is net designed to enforce technicalities. 3 21 
Supervisory authority of the Secretary may be exercised to pro- 
tect equities acquired in good faith. 4 15 

-24- 



Supervisory authority of the Department extends to the allowance of 
an entry for less than a legal subdivision for the protection 
of equities. 



20 



Surveys : 



In the territory of Alaska. 5 4; 

Of towns it es in Alaska/' 

In the Territory of Alaska, program of work , 

Of Broad Pass coal field, Alaska. 

Of Indian allotments ; Crow Indian Reservation. 

On Indian reservations. 

Of Indian allotments; Blackfeet Indian Reservation. 

Of special character in Florida, 

In the State of Utah. 

Of the west boundary of Jefferson National Forest. 

For the State of South Dakota- 

For the State of Nebraska. 

Of Big Lake Bird Reservation, Arkansas. 

Of Lassen Volcanic National Park- 

Of Rocky Mountain National Park, Colorado. 

Of Grand Canyon National Park. 

And resurveys, returns reviewed by detailed examiners. 
Accepted during March, 1922. 

Accepted and placed of record during the month of May. 
Accepted for the month of June- 
In the field on September 1. 
Authorized during the month of December. 
Revision of the manual of surveying instructions. 
Cost of work in the field. 
Msxwell grant . 

Cooperation with Topographic Surveying Service. 
Board of surveys and maps. 

Allotment surveys on Blackfeet Indian Reservation. 
Ephemeris for 1923. 

District No- 3; change of headquarters. 
Work in cooperation with other departments. 
Corner to six townships. 

And purported meander of lands held fraudulent. 
Government marks fixed at the time of the original survey 

control field notes and courses of any subsequent surveys 
Calls for courses and distances yield to calls for river 

as a natural boundary. 
Power to correct an erroneous survey belongs to the political 
department and its decision can not be reviewed by the 
courts. 
Of water boundaries with meander held to be reasonably 

accurate . 
Error in the location of a section corner not subject to cor- 
rection by the courts. 
The true corner of a section is where it is placed by the 
Government surveyor. 



10 


3 


12 


4 


4 


3 


1 


5 


3 


3 


5 


2 


3 


4 


9 


3 


3 


2 


4 


4 


7 


3 


7 


3 


9 


2 


9 


2 


8 


4 


8 


3 


2 


4 


2 


5 


4 


4 


5 


3 


8 


2 


12 


3 


12 


3 


7 


6 


12 


2 


11 


4 


11 


5 


11 


5 


11 


4 


3 


3 


4 


2 


6 


5 


12 


7 


12 


12 


1 


6 


5 


12 


12 


8 


6 


21 


6 


21 



-25- 



1 


11 


5 


11 


2 


39 



1 


49 


8 


15 


9 


50 



Surveying Service, Denver conference. 6 1 

Surveyor General's office of Oregon, correction as to the 

date of establishment, 7 9 

Swamp land grant; on issue of patent title relates back to 

the date of the grant, 2 19 

Swanp land adjustment under showing of field notes and plats 
does not preclude consideration of other evidence in de- 
termination of the character of the lands. 2 25 

Swamp land selection segregates the land as against a home- 
stead application in the absence of a settlement before 
th;. selection. 1 11 

Swamp land adjudications of ceded Chippewa Indian lands in 
Minnesota determined by an examination in the field. 

Swamp lands in Mississippi relinquished by McLaurin Act. 

Taggart, William L», resignation. 

Taxing authorities of a State not authorized under the act 

of august 11, 1916, to impose penalties for non-payment 

of taxes assessed against unentered public lards. 7 11 

Texas, certain lands added to the State by act of January 27, 
19 22- 

Timber and stone lav;, regulations,; Circular No, 851. 

Timber and 'stone lav/, regulations, Circular No. 858. 

Timber cutting by citizens of Washington and Kane counties, 

Utah, in the State of Arizona; Circular No. 818. 3 35 

Timber and stone entry; complete equitable title is vested 
upon the claimant's full compliance with the law and 
the issuance of the final certificate, 2 24 

Timber contract for the sale of growing trees without stipu- 
lating the time within which the trees must be removed will 
be construed as implying that such removal shall be ac- 
complished within a reasonable time. 2 20 

Town lot sales at Omak, Washington. 5 6 

Tcwnsite declaratory statement not necessary to the location 
of a townsite, yet a proper step,. in making a townsite 
entry in preference to a cash payment. 11 18 

Tovmsites : 

Entries and town lot sales. 

In Alaska. 

Ketchikan, Alaska. 

Crov; Agency and Pryor, instructions; Circular 

Ft. Hall, instructions; Circular No- 856. 

Fort Hall, Idaho. 

Pryor and Crow Agency, Montana. 

Of Fredonia. 

Sales announced at Sarish, Crov/ Agency, Pryor, 

Of Sanish, North Dakota. 

Travel regulations, amendment of Department orders 

Triple Divide Mountain. 

Unofficial forms continued in use; Circular No. 847. 8 21 

-26- 





6 


18 




12 


14 




2 


3 


lo. 855. 


9 


42 




g 


44 




11 


11 




11 


10 




A 


8 


and Ft .Pall. 


a 


24 




11 


10 




4 


32 




3 


9 



United States map at the Brazilian International Centennial 

Exposition. 6 9 

Unsurvcyed lands are not "public lands" within the intent and 
meaning of the law so as to be subject to sale, entry, 
or disposal . 6 21 

Vacant unappropriated public lands; Circular No. 824. 4 28 

Vacant unappropriated lands. 7 42 

Water Rights: 

Acquired on lands then belonging to the United States are 
superior to riparian rights of a subsequent purchaser 
of land from the United States lying above the point 
of diversion. 2 20 

Were not secured by the State of Arizona on acquiring land 
from the United States Government as against prior 
appropriators . 2 20 

Intervening public highway between proprietors does not 
take the case out of the operation of the law which 
provides: protection for adjacent lands e 9 15 

Subject to acquisition, adverse possession in the State 

of Wyoming c 4 11 

For purposes of irrigation adjudicated on inter-state stream 
under the doctrine of appropriation as between Wyoming 
and Colorado. 6 19 

Reservoir company not entitled to seepage from its drainage 

ditch reservoir, as a part of its original diversion. 5 12 

To interrupt the running of the statute of limitations as 
to flowing water, there must be a resumption of the 
possession thereof under a claim of right brought 
home to the adverse claimant. 5 12 

Appropriation of the natural flow of a surface stream in- 
cludes its underground source of supply from the 
public lands. 12 11 

Acquired by prescription extend only to so much of the 

water as is reasonably necessary for the purpose for 

which it is used. II 15 

Water exploration permit under the act of October 22 s 1919',' 

not allowed for lands within a proven artesian well area- 3 19 

Water level of Great Salt Lake. 1 2 
Withdrawal' of public lands by the Executive upheld by Supreme 

Court, following doctrine in Midwest Oil casee 12 4 
Witnesses, section 858, R.S., with respect to the exclusion of 

witnesses applicable to proceedings in public land matters. 11 20 

Words of appreciation; editorial. 3 1 

Words of appreciation. 5 5 

Word" of cheer from Santa Fe. 7 7 



(6190) -27- 




By direction of the Secretary of tho Interior the natter contained herein 
is published as administrative information and is required for the proper 
transaction of tho public business* 

Vol. 6. ' March 1, 19 22. No.l. 

PREFERENCE RIGHT OF SUCCESSFUL CONTESTANT. 



In the case of Robert" K. Cox 'and Earnest I. Alfrey decided 
September 2, 1921, in the" Department", '""that' will ultimately be reported 
in' '48" L.D., the First Assistant Secretary" had occasion to discuss the 
preference right of a successful contestant. ' His decision was to the 
effect that the mailing of a letter to a successful contestant,'' 
notifying him of his preference right of entry, •.•/here such" cent cot ant 
lias not changed his record address, and has made proper arrangement to 
receive all' notices sent to him, is not constructive notice of such 
preferred right; if, through no fault of the contestant, the letter is 
not delivered to him, and he has no knowledge of it's having been sent; 
and where there has been no ncgligenco' or lack of diligence on his part, 
he is entitled to exercise the right within the statutory' period, from 
the time that he comes into possession of knowledge that the contested 
entry has been canceled. " 

This decision is in keeping with a long lino of cases involving 
this question, and although it does not state, any" new principal, it 
should serve to emphasize tho 'statutory right that is" conferred upon a 
successful contestant by tho act of May 14, 1880. In this legislative 
provision Congress offered, as a substantial inducement for the' 
assistance of others in clearing the records of invalid entries, tho 
right to take over the land in the event of success, and specifically 
provided that such right should run for thirty days from notice thereof. 



It nay readily be seen that many cases arose where the contestant 
was negligent in advising the local officers of change of postoffico 
address and thus failed to receive notice* On the other hand, through 
want of care in the local office, the proper address of the contestant 
was not noted; so that when notice Went out it went astray, and from 
similar causes the contestant has from time to time fallen short of 
securing the full measure of the statute. The Bulletin calls attention 
to this decision to the end that due care should be taken in making up 
the record of" contest cases, to see that the proper postoffico addresses 
of the parti£o£ and their attorneys, are duly made of record; and that 
all parties to contests should bo advised of the importance of keeping 
the^ local office fully informed of any change of address on the part 
of the parties or their counsel* 

SURVEY NOTES. 
Investigation* Great Salt Lake * 

A field investigation of more than usual interest is now in 
progress, of survey conditions at and near the northern extremity of 
the Great ..Salt Lake. It would appear from such preliminary examination 
as has been made that there are approximately 20,000 acres of unsurveyed 
land between the old meander line of the Great Salt Lake and the present 
shore line in Fractional "T. 8 N., Rs» 2,'3"and 4 7., S. L. D» and M*; that 
since the Ogden-Lucin Q*t-0ff was constructed across the lake the 
waters to the north thereof into which the Bear River flows have become 
fresh, and that these unsurveyed lands can be made suitable for 
agricultural purposes by diking and draining and through irrigation* 

As a consequence of this" situation the lands affected, both 
surveyed and unsurveyed, with certain expressly excepted areas, were 
withdrawn by Executive Order from settlement, location, sale or entry,' 
the order being later modified to include lands in Ts* 8 and 9 N., R* 5 
77., and an investigation directed to develop all the facts. This 
investigation contemplates the ascertainment of the mean high water 
level of the lake at the time of the execution of the original and 
subsequent surveys in the several townships mentioned, and also at the 
time of admission of the State of Utah into the Union; determination as 
to whether a meander line was actually run> and if so, whether it is 
accurately established or approximately so; ascertainment as to 
whether the subdivislonal " surveys were left in an uncompleted state, 
and if so, to what extent; the gathering of information as to what 
changes, if any, had occurred in the water levels of the lake since the 
original surveys were made and since the State was admitted, and any 
other facts which' might appear pertinent in determining to whom the 
unsurveyed lands rightfully belong* 

-JATER GAUGES. 

Field v/ork under this assignment was 'commenced in August, 1921* 
Preliminary investigation involved a review of records in Salt Lake 
City and in Ogden, with a view to ascertaining the mean high water level 



of the lake at the various dates cf survey, and to reducing to sea level' 
datum "the zeros of the various gauges used from tine to time for recording 
fluctuations of the waters of the lake. Information en the subject was 
also obtained from several Government agencies and from the railroads 
and other sources, but much of the information obtained is unrelated 
and incomplete. 

Since 1875, readings have been made on various gauges showing' the 
fluctuations in the weetor level of the Groat Salt Lake* The first gauge 
was installed at Black Rock in September, 1875, by Dr. John R. Park, of 
Salt Lake City, at the suggestion of Professor Joseph Henry of the 
Smithsonian Institution. In November, 1877, a second' gauge was' 
established at Farmington and in 1379, a third was established at the old 
lake shore bathing resort. "The fourth gauge on the lake was established 
by the U. S. Geological Survey, in 1881, at Garfield Landing, a short 
distance west of Hack Rock. In 1885, the Garfield gauge was destroyed 
by a storm and a new one was installed by Ivlarcus E. Jones, Civil Engineer 
of Salt Lake City. In 1877, a granite bench mark was installed at Black 
Rock and all gauges on the lake at that time were tied in to this 
bench mark by G. K. Gilbert, who was then connected with the Powell 
Survey of the United States Government. This bench is known as the 
Black Rock bench and in 1881 Mr. Russell, of the U. S. Geological 
Survey, tied in the Garfield gauge to the Black Rock bench* 'A more 
detailed description of these old gauges is given in Monograph 1, 
Lake Bonneville, by G. K. Gilbert. 

On August 15, 1902, a temporary gauge was installed on the Lucin 
Cut -Off by the Southern Pacific Railroad Company * This at a later date 
was made permanent and has ooon maintained to date and is known as the 
Southern Pacific Company's Mid Lake gauge. On July 1, 1903, a gauge 
was installed at Saltair by the "J. S.'Jeather Bureau, which has been read 
continuously to date. 

Prior to 187 5, the year of the establishment of the first 
gauge on the lake, no data are available relative to the various states 
+ 1 ™ or „ olGvati °n of the Great Salt Lake, except a chart compiled by 
the Chief Engineer's Office of the Oregon Short Line Railroad Company 
showing the fluctuations of the water cf the lake from 1850 to date, 
iron 1850 to 1374, information for the compilation of this chart was 
lurmsned the railroad company by Marcus E. 'Jones, C.E. ' It is not 
clear as to how Mr. Jones computed the cu'rvos shown on the chart but 
it is assumed that they are approximate and wore computed on the 
Basis of the snow fall and precipitation in the Salt Lake Valley and 
on the V/asatch Mountains. 

Probably the maximum yearly change in the elevation of the lake 
surlace is three foot, with an average annual change of 2 feet, the 
rise coming m the spring with "the melting cf the snow in the mountains, 
and reaching its height in mid-summer, and receding through the late 
summer and autumn and reaching its low water stage in the winter. 



-4- 



OLD SURVEYS, 



The.' investigation in progress considers primarily the public land' 
surveys in, the area in question,' executed during the second quarter of' the 
year 1856 and those made from October 19th to 21st, 1875, November 17th' 
to 19th, 1886, January 4, 1396, the' date on v;hich Utah "was admitted into 
the Union, and May 18th 'to l9th,"1905. In order to determine the mean' 
high water level, a w£v&. of elevation was platted for the year prior to 
the several dates of gurmsgr and a mean elevation determined by use of the 
planimeter. 

PHYSICAL CONDITIONS, 

The lake is very shallow .near the eastern and western shore lines 
and the slope" is very gradual, in some instances not more than a'tenth 
of a foot per mile. Sc it will be seen, that the fall of one foot will 
uncover many "square miles of territory, while' a. rise of six feet would 
inundate nearly one-tenth" more area than the 'normal surface area of the 
lake, which in its ordinary stage is about 2,288 square miles',' 

The lands now under investigation., are for the moot part vast mud 
and grass flats which are partly overflowed during the high water period, 
and dry during the lowest stages of the lake,' However, great areas of "this 
unsurveyed land have never been covered by the waters of the lake since' 
the settlement of the country. Altogether it nay be said that conditions 
along the shores of the Great Salt Lake differ from those ordinarily found 
in shore lines in that it is impossible to determine the various water 
levels during the past sixty years' by watermarks en the' banks or b.aacho's,' 
or by determining them with any degree of accuracy tiircugh former vegetable 
growth* A strong wind or even a stiff breeze from the south or a south-' 
westerly direction for a day or two will cause a rise in the lakc T s level 
along the north shore inundating "a considerable area of lend which is 
ordinarily beyond the limits of the lake.' Thus it will besee-fi. that old 
water mark's' and vegetation can bear no definite relation to any permanent 
shore line of a bygone period. 

At the beginning cf the" investigation, with the above facts in min'd, 
it was thought that the most practical method to pursue was to establish 
a basis for the conclusions to be drawn by running a series of exact levels 
over the lands involved, noting the vegetation, if any, and the character' 
of the soil traversed. As the investigations 'progressed, it' became evident 
that this method was the only practical one by which anything definite 
could be learned of the mean high water shore lines of the past. 

T7ATER FOUL. 

The field investigation is not complete. There are many problems 
of a surveying nature yet to be solved and several legal questions to be 
determined. As has been said,' the.s situation is not only deeply interesting 
but is unusual, and this may also be said of the country, for bore on the 
chores of one of the wonder lakes of the world is one of the greatest 
breeding grounds for water fowl in the country* Especially in the fall 
of the year literally millions of herons, gulls, terns, and edible water 
fowl such as ducks, geese, curlews, etc % ,are to be found on the water, 



tho lake shores and in the air, the combination of fresh and salt 
water," character of vegetation, food abundance and climate, and its 
comparative isolation fron the beaten paths of human travel rendering 
tho region" unique and wonderful as a work of Nature and a veritable 
paradise in the realm of birds. 

SURVEY OF BROAD PASS COAL FIELD,, AL ASKA, 

Based upon a recommendation from B. 17. Dyer, Federal Mine 
Inspector of Alaska, the Acting Secretary of the Interior by letter 
dated February' 3, 1922, directed that the rectangular system of tho 
public land surveys be extended over the coal fields in the Broad 
Pass, or Upper Chulitna district, Alaska, in order to make the area 
available for leasing* 

The coal field is immediately adjacent to the Government railroad 
running from Anchorage to Fairbanks between stations 292 and 310 or 
about duo east of tho Mt. McKinley National Park* Two mines are now 
in existence and outcroppings are numerous* The coal is all lignite. 

The public land surveys will necessarily be of a fragmentary 
character as to the' townships involved, because of the "fact that the 
field lies in a narrow pass extending in a diagonal direction through 
the Alaskan Range, which separates the drainage basin of the Susitna 
River on the south and the Yukon River on the north* It might be of 
interest in passing to note that this range of mountains includes the 
highest peaks in Alaska, Mt. Hayes, 13,940 feet elevation, 'Mt, Foraker, 
17,000 feet and Mt. McKinley 20,300 feet. Tho area has just been mapped 
both as to topography "-and coal by the Geological Survey to whom we are 
indebted for an advance print cf their map, which" will be of groat 
help to our Cadastral Engineers who will extend the public land surveys 
into the district for the purpose above indicated. 

This will be the fourth coal field to be surveyed in Alaska, tho 
Matanuska,Nenana,' end Boring River fields having boon completely covered 
by public land surveys several years ago. 



FORT Mo PHER SC N ABANDONED MILITARY RESERVATION,. NEBRASKA. 

By executive order No. 3364 certain lands within the limits of 
the former Fcrt McPherson military reservation wore reserved for 
cemetery purposes and the residue restored for disposition under the 
act of July 5, 1384 (23 Stat., 103)* The area involved includes 
about 107 acres, and will be surveyed into lots or tracts of such 
size as will be found most expedient, due regard being had for the 
fact that the lands must be disposed of at public sal-. 

NOTES FROM THE FIELD SERVICE. 

Special Agent J. McG. Williamson, formerly attached to the 
San Francisco Field Division, but engaged in adjudicating work in 
the oil leasing section of the General Land Office tho past five 
months, has been transferred to the office of the Solicitor for 
tho Department of the Intorior. Mr. Williamson was ao pointed special 
agent March 27, 1909, 



-6- 



From n Helena* 

In a recent decision in the case of United States vs. Patrick 
Dougherty in the United States District Court for the District of Montana, 
involving Helena patented lion ' ad entry 08831, in which suit to cancel 
patent was brought because of the alleged mineral character of the land, 
the Court held that, n'otwithsi ; false representations by the hone- 

stead entryman as to mining 0] r ■ ' ns on the land, the 'showing as to its 
mineral character was not sufficient to justify cancellation of the 
patent. After summing up the evidence as to the character of the lands 
involved, the Court stated: 

"Evidently it is in the twilight zone, and could be legally 
patented to the first bona, fide applicant be he mineral or 
agricultural. For the laws are liberal to both and in a close 
case will not discredit the first claimants estimate or 
valuation, destroy his hopes, deny his right," 



The case of United States vs. "George E. Palmer, charged' by 
indictment in the U, So District dourt of Montana with forging and 
causing to bo filed in the U„ .'S, Land Office at Havre, Montana, "a 
waiver of a preference right was tried in the U. S. District Court 
at Helena on January 30, 1922, resulting in a verdict of guilty,, 
The defendant was sentenced to six months in the Lewis and Clark 
County jail, a fine of $500.00 and costs.. 



CAREY ACT ..' ITYOMINC PRTEUT^ 
La Prele Project Douglas Reservoirs Company. 

February 8, 1922, patent issued to the State of '.Tyoning for 
7620.72 acres of land near Douglas, "Jyoming, and segregated to the State 
under Carey act lists 34, 41, and iS, known as the La Prele or Dou-las 
Reservoirs Company's project. The patent includes all patentable 
Carey act land under the project. The application for patent filed 
some 12 years ago has hoen waiting for evidence of a sufficient water ' 
supply and the completion of the right of way for the reservoir. 

The land has all been disposed of and the issuance of this 
patent will aid the settlers in the further development of their 
lands and it v/ill also facilitate action, with a view to the issuance 
oi patent on a number of long pending desert land entries depending on 
the project for a water supply. 



RECENT DECISIONS OF THE COURTS AND 
THE DEPARTMENT. 



Survey-Boundary Calls. 

In the absence of mistake or fraud, calls for courses and distances 
in a survey Yield to calls for a river as a natural boundary, 

Cordell Petroleum Company vs. Michna et al ? 276 Fed. Rep* ,483. 



Reclamation "/ithdrawal --restoration* 

Tho proviso of the act of June 25, 19]. 0, as amended by act of August 
13', 1914, "making lands- reserved for irrigation purposes and relinquished 
from prior entries subject to entry under the Reclamation act, applies 
only to lands withdrawn under the Reclamation act of Juno 17, 1902, as 
susceptible of irrigation under a proposed project, and not to lands 
withdrawn under the latter act as required for tho construction ct irriga- 
tion works, 

A homestead entry which was void when made because the land was 
withdrawn as required for reclamation construction is not validated by 
a subsequent order of the Secretary of the Interior declaring the land not 
needed for construction purposes.' 

The right to enter lands withdrawn under the Reclamation act for 
purposes of irrigation, if the lands were covered by a prior entry winch 
has since been relinquished, under the act of June 25, 1910, as amended 
by the act of August 13, 1914, is not limited to those in privity with the 
original ; entryman through purchase of the relinquishment or otherwise* 

Herbert Harden vs. Albert 3, Fall, Secretary of the Interior, 

276 Fed. Rep. ,622, 

Adverse Possession-Rail road r,^pi_._ 

Although the act of Congress July 2, 1854, granted certain alternate 
sections of public land to tho Northern Pacific Railroad in praoscnti, 
possession of such land could not be adverse to the railroad until a 
survey had- been completed by tho Government and approved, and occupancy 
before such approval could not be considered in computing time of adverse 
possession. ~ > • • --...- 

Northern Pacific Railway Company v. Smith, 203 Pac» Rep., 503, 
Homestead Ent ry Made By Minor. 

A homestead entry on public land invalid because the entryman is 
a minor and not the head of a family becomes valid if he attains his 
majority prior to tho inception of an adverse ciainu 

Huff v. Geis, 203 Pacific Reporter, 677. 

Possessory Ri^ht^-FiTni -i ^ Lands. 



The actual possession' -/Rich will support an action" of forcible 
entry and detainer does not require actual physical presence on 'the 
premises; and where an entryman, or proposed entryman, under any of the 
public land laws of tho United States', has taken possession of the land, 
and taken steps to exercise dominion and control over it, and has not 
been absent for ouch a period as would justify a conclusion that he has 
abandoned the promises, his possession is sufficient to support such 
action. 

".Taxable vs. Evants et. al.,203. Pacific Reporter, 554. 



-8- 
Ad juttncnt of Railroad Grant-- -Indemnity Selection. 



In the recent decision. of the U, S» Supreme Court in the case 
of the Southern Paclflc'Railroad Co.,'vec Albert B. Tall ? "Secretary of 
the Interior, of January 3, 1922 (42 S. C, 147), the court held in 
effect: 

(1) Railroad land -rants providing for the selection of 
indemnity land under the direction of the Secretary of the Interior do 
not invest him with authority to abridge the right of indemnity, or to 
interpose any unreasonable obstruction to its exercise, but do enable 
him, in the interest of 'orderly and efficient administration, to 
prescribe and enforce reasonable regulations "respecting the mode in 
which the selection shall be made and brought to the attention of the 
land officers, and 

(2) In the adjustment of the grant made by Act of July 27, 
1866, it is fully' within the power of the Secretary of the Interior'to 
provide that a part of a minor legal subdivision, such as a quarter-quarter 
section, can not be used as a base for the selection of indemnity lands, 
unless the remaining part is similarly used in the same list of 
selections* 

Possessory Rights— Alienatio n . 

It is a wellPsettled principle that, unless forbidden by 
express law, contracts made by actual settlers on Government land, 
concerning their possessory rights and the title to be acouired frcm 
the United States are valid as between the parties to the contract. 
Freeland et al., vs. Dolen, 203 Pacific Reporter, 182. 

School L andj^l ndemnjty- -Mineral Lands— Oil and Qas Lands— Patent, 

n* A V !? Gd T±zht attach es under a state indemnity school selection 

as soon as the selector has done everything required of him preliminary 
to the passing of title, and where the question of the mineral or non- 
mineral character of the land subsequently boccnes involved, the 

!5JTJh, ?J ha± , i3SUe iG t0 be governed by the known character of 
the land as of the date of the completion of the selection. 

l^^^m^^^±^A.^s Lands"-Surf ace Ri^'.^. 

eo'vem^ k,,*,?- ^^ relating to the reformation of title papers is 
fJdVwho -afW C K S °l eqUityV ^ a SeleCt ° r ° f -^-mnity^hool 18 
Sward' fli VlnS d ° ne e ™y^& necessary to acquire title, 

witrnequire^nt TZ £nfn ^ 6 * 8 depCSitS * *««*** 
a restricted Tpatent ! win n^Z^T? then in f ° rce ^accepts 



Court Decision Cited en d Corst ru c c 1 . 

The case of ITyoming v. United Stated (255 U. 3., 489), cited and 
construed. 

State of California, Robinson Transferee; decided November 
4, 1021, by First Assistant Secretary Finney, 

School Land-.indcmnitv--P/ij_jn^qr 1 La nds—Surfa ce nights— Waiver — 
. Est opt) ol - -Re s Judi cat a. ' 

7/hcre the possible mineral deposits, oil or -as, in public lands 
embraced m an indemnity school selection, hive been waived by the' 
selector and a restricted certificate of title has v ecn accepted under 
the provisions of the act of July 17, 1914, the State is estopped from 
turtner claim end the case is re s adjudicata , notwithstanding that the 
mineral value of the land as of the date -.-/hen the selection was completed 
was not established prior to the waiver and election to take a 
restricted patent. 

State of California, Robinson Transferee., ( on fnh*ar:ng ) ; 

decided December 29, 1921, by First Assistant Secretary Finney. 

Stoj^Ilai^in^Jioj^^ Right-Applicant. 

?q -iQi c An ^ aPplicant Undcr the stock-raising homestead act of December " 
IP +11 \' ;°°- S .?. 0t M( l ui "'a preference right of entry before designation 
+ L n ' r hy rCClr,0n 0f his P rior settlement or by purchase of 

mad. P °L G + T ° ry + r ^ hts and improvements of another who had previously 
maae settlement thereupon. 

-R—^^^ Act--Settlement~Boundaries~ 

undsr fhJ*L^l* ±C * n * Wh ° had a P? lied *° enter and have designated lands 
la^d is L^n + ~ r f S111G ha ' cst ^ d ac *> acquires a ri~ht of entry, when the 
eSarfcad hSfT J* S ^ erior to that of a subsequent applicant under the 

of prior settlement, as to the lands outside of the particular legal 
Stui+S 1 ? i° r su r divi3i0ns u F° n whibh the improvements of the latter are 
clat had ^V 1 ? Verier boundaries of the asserted settlement 
claim had been plainly marked. 

Camp v. Benson; decided November 24, 1921, by First 
Assistant Secretary Finney; rehearing denied" February 
l i>, 1922. 

M ^f: g .?' L ^ d r:" rrnqpefltinK Ponit-fin.r.tnry hf the Interior 
Disc retionary Authority-Sec tio n 1,, Act o f ^6 ^P7^JMT^ 

under sectih* f?^?*?'--^?*! 10 ^^ *°* an oil and ~ as Prospecting permit 

of tl e ct,^ + h ° aCt ° f Februar y 25, 1920, is a proper exercise 

pro'poctarl I TI authorit y und ^ «** ^t, if the lands to be 
C™ eolo!?"°v + th ° + tin0 ° f the ' fiIi *S ° f the application within a- 
^nt^tS Sof rUCiUr0 ' ^^ n0t d6Si ^ ted - «* «** — 



•10- 



Cil and "Gas Land s-- Prospecting Permit — Preference, 
of Relation « . 



it — Doctrine 



VTtieh the limits of a producing oil and 
by the Geological Survey, and the same designate 
designation "relates ba.ck to the' time that" the pr 
filing of an application for a prospecting peixii 
to be within a producing oil field, although not 
not confer upon. the applicant any vested right or 



gas field are determined 
bed by it' os such, the 
production began, and the 
ait for Ian d's I) eh hsio-;m 
o designated,' does 
onstitute a ground 



upon which the granting of a permit under 
February 25, 1920, can be enforced by him 4 



section 13 of the act of 



Oil and Gas Lands — Pro so act in- Permit — Reinstatement — Appeal — Practice 



--Sections 13 and 19 



iary 



1920* 



An application for a prospecting permit under section 13 of the 
leasing act, once denied in connection with' favorable action upon 
conflicting applications' under section 19 of that act, will not be 
reinstated to the prejudice of the competing applicants, if the defeated 
applicant did not first seek his remedy under the original application 



"by appeal or otherwii 

Oil and Gas Lands--? re snr- ct i e 
Section 20, Act of February 1 



— Honest cad- -Prof orence Right — 






A homestead entry 
the' enactment of the act" i 



whose entry was made subsequently to 
ibru'a'ry" 2'5 8 1920, does not" acquire" thereby 

a preference right to a prospecting permit und 

act. 



ir section 20 of 



DeEnrtment al Decisions Cited end Folio? 
Construed, 



>.& — Court Decisions Cited and 



The cases, of A. IT* Mason (48 L. D., 213), George '.Tatson 
5 L.D., 214), cited and followed; the case of Payne v. Central Pacific 



Railway Company (255 u. S. 

U. S. 367), Payne v. Unite 

'Jyoming v. United Stat. ; , 

Charles R„ H i 

Assistant S rt cre+p 



; , Payne v, State of- Not/ Mexico (255 
d' States ex rel Newton (255 U. S., 438), 
?55 T J« S.,48.9), cited and construed., 
decided December 12, 1921, by First 
ry Finney. 



Desert Land 2nt rj-^esj^.r^— kct of Marc h _4 J _JL915. 

A desert-land entrynan who elects to acquire title under the 
relief provisions of the act of March 4,' 1915, by complying with the 
requirements of the homestead law as to residence, cultivation, and 
improvements in accordance with the provisions of the third paragraph 
ol section 5 of that act, is entitled to credit for residence maintained 
■J him on the land at any time, either before or after the relief has 
been granted. 



-11- 

Ju'risdictibn — Contest --R e gister and Receiver—Commissioner of the 
General Land Office * 

The failure of the receivcr'to join with'th'c register "in an 
opinion rendered in a contest case" does not affect the jurisdiction' of 
the Commissioner of the General Land Office to render his decision in 
the case. 

Departmental Decision Cited and Ap p lied* 

The case of Guy J. Gay (48 L.D., 145), cited and applied* 
Allen v. 'Scahrieil; decided December 12, 1921, by First 
Assistant Secretary Finney. 

Swamp "Land--Ceded Ch i ppewa I ndian/ Lands—Selection — Adverse Claim — 
Character of Land --Cor-ter.t- -Minnas ota» 

Under a rule of administration" adopted by the Land Department, 
based upon an agreement with the State" of Minnesota, the character of 
ceded Chippewa Indian lands selected ' by the State under the swamp land 
grant of March" 12, I860, is to be' determined by an examination in the 
field, and where as a "result of such" examination the selected 'lands "have 
been classified asswamp, the "right of an adverse claimant to contest 
the classification does not exist, 

Sv^amp Land— Ceded Chippewa Indian Lands — Selection—Homestead — 
S et 1 1 cm ent - -M in n e s o t a »_ 

A selection by the State of Minnesota of ceded Chippewa 
Indian lands, which a field examination shows are swamp in character, 
segregates the lands;, and precludes the allowance of a 'homestead 
application based upon prior settlement, unless the settlement was 
initiated prior to the filing of the selection list in the local 
office, 

Dougherty v." State of Minnesota; decided December 13, 1921, 

by First Assistant Secretary Finney. 

Residence — H omejst e ad — C ont e st « 

Failure to timely establish residence upon a homestead entry 
cannot be excused cn : the ground of poverty and a personal injury" sub- 
sequently incurred while at "work elsewhere is gaining a livelihood,' 
especially where the" poverty existed at 'the "date of the "entry ' and the 
entryman had no reasonable assurance that it would not continue. 

Departmental Decisions Cited and Folloy/ed , 

The cases of Smith v. Husted" ( 35'L.D., 376), and Benjamin 
Chainey (42 L.D., 510), cited and followed* 

Johnson" v. Bundren; decided December 13, 1321, 
by First Assistant Secretary ^inney* 



-12- 

G£T tost^fon^stjTn jji-A° AA^-VfA. 5 } r - ■ Gnt "* * H or:i 3 st oad " ~ ? r e f e r on c c pd ,Tht " "" 
DugflCB^ o f proof . 

'Whore tho question arises, if tor a relinquishment of a homestead 
entry is' filed subsequently to the initiation of a contest, as to which 
bf two applicants is entitled' to enter the land, one basing his" claim 
upon the contest, the other upon the filing of the relinquishment', the 
presumption will obtain' that the contest induced the relinquishment, and 
the contestant will be recognized "as entitled "to a 'preference right which 
can 'only be avoided on a showing that tho contest charge was not true, 
or that the contestant is not 'a qualified applicant, or that the land 
is not subject to his application* 

C ont est - -Horn est cad - -Ab an d onm ent — Rel inq u i slim cm ' ; - -i.i i 1 it a ry Se rvi c c^ 

An application to contest a homestead entry, the "relinquishment 
of which was procured by a third party after the initiation of the 
contest; will not" be rejected for failure to comply with the non-military 
and non-naval averment requirement of the act of July 23, 1917, where 
abandonment of tho entry is charged and it is clearly established by 
evidence that the entryman's absence was not due to military or naval 
service,. 

Day v„ Gut shall; decided December 15, 1921, by First 

Assistant Secretary Finney o 

Repayment —Act' "of March 2 6, 190S — Oil and ^as Lands— Mining Claim- 
Fraud - -Transferee, 

A transferee of a placer oil claim, to whom, a "pat ant is denied 
for the reason that the preliminary location was fraudulently made, is 
entitled to repayment under the act of March 26, 1908, of the moneys 
deposited' by him pursuant to the requirements of the placer mining 
laws, 'where it does not appear that he or his legal representatives 
were guilty of any fraudulent action or cither' had knowledge or were 
chargeable with knowledge that fraud had been perpetrated by his 
predecessor in interest,, 

Kern Petroleum Company; decided December 19, 1921, by First 

Assistant Secretary Finney. 

Amendmont--7al.exlj^l^^^^^ of the Interior- 

Sup orvi s ory Auth ority^ 

The Secretary of the Interior may, through the exercise of his 
supervisory power," sanction the amendment of a porinit to explore for 
water granted under the act of October 22, 1919, inasmuch as such a 
permit is an "entry" in tho sense in which that term is used in the 
administration of the public land laws relating to the amendment of 
entries. 

Amendment— Secretary of the Interior— Supervisory Authority— Statutes* 

The enactment by Congress of particular statutes making it 
mandatory for the Secretary of the Interior to grant amendments of 
entries under special circumstances does not deprive him of the exercise 
of his supervisory power to grant amendments en other grounds not 
provided for by those statutes, and that power should be liberally 
exorcised in cases whore entries have been improperly applied for and 



-13- 
allowed because of misinformation given to applicants* 

Am endm on t - -Ent r y--.7o rd s and Phras o s <» 

The word "entry" v;hen used in the statutes" and departmental 
regulations relating to amendments, is to be construed in 'its generic 
sense 'and treated as signifying an appropriation of public lands 
generally* 

Departmental Decisions Cited and Applied * 

The. cases of North and South Alabama Railroad Company (2 L.D., 
681), Crail v.-tfiley (3L.D., 429), Samuel Meek (13 L.D., 213), Jo'siah Cox 
(27 L.D., 389), 7/illiam A. Calderhead (36 L.D., 446), Elbert S* Sibert 
(40 L.D* f 434), cited -and applied, 

Loyd Wilson;' decided December 21, 1921, by First Assistant 

Secretary Finney. 

C heyenne River Indian Lands --Payment --Home stead — A ct s of May 29, 1908 and 
January 27, 1921* 



An entryman whose invalid homestead entry for ceded Cheyenne River 
Indian lands was validated by the act of January 27, 1921, is not 
relieved by that act, either expressly or by' implication from payment 
of the unpaid installments of the purchase price, in the form 
and manner specified in the act of May 29, 1908, as subsequently amended, 
under which the entry was made*' 

Charlotte Streamer; decided January 10, 1922, by First 
Assistant Secretary Finney; Rehearing denied February 
18, 1922* 

Continuance --Practice — Contest ant ,-] j caring* 

Personal" attendance of a contestant at the' hearing is presumptively 
essential to the proper presentation of a contest, and a motion for 
continuance and change of place, while a matter within the discretion of 
the local of fleers, ' should be considered from the standpoint of the ability 
of the contestant to attend under the circumstances," where' he makes showing 
that, owing to sickness or seme other unavoidable happening, he -'ill be 
unable to be present at the hearing. 

C ontinuance — Rules of Practice — Contestant — H earing* 

Action on a motion for continuance of a hearing on the ground that 
the contestant will be unable to attend on account of sickness or some 
other unavoidable circumstance, is not to be governed" by the general 
provisions contained in the Rules of Practice relating' to" continuance 
on account of absent witnesses, which are inapplicable, but should bo 
dependent upon the facts in each case* 



-14- 
Dopartmcntal Decisions Cited ^\.A r - ns J^ U01 ^* 

The cases of Uppendahl v» White (7 L.D,, 60), and John N« Dickers on 
(35 T,.D., 67), cited and construed. 

Cope v. Dockory; decided January 25, 1922, by First Assistant 
Secretary Finney* 

I-ndtian Lands— Allotmen t— Alask a— Act of Ma y 17, 1506— Statutes— Words , 
a adl Phrases , 

An allotment granted to an Alaskan native under the' act of May 
17, 1905, constitutes a "vested right" that should be construed in the 
ordinary significance cf that tern, that is, as including "an immediate 
and fixed right to present and future enjoyment." 

Indian Lands — Allotment — Withdrn -jrcq— Alaska* 

The approval by the Secretary of the Interior of an allotment 
homestead to an Alaskan native pursuant to the act of May 17, 1906, for 
a tract of unsurveyed land, subject to adjustment to the lines cf survey, 
confers upon" the allottee "a verted right in the land which" 'is not 
affected by the subsequent issuance of an Executive Order reserving that 
tract together with other lands for the common use of a native Alaskan 
village. 

Departmen t al Decision Git ed and Ui st i n -v i shed. 

The case of Charlie George ct«al.. (44 L.D., 113), cited and 
distinguished, 

Charley Clattoo; decided February 8, 1922, by Assistant 
Secretary Good7/in« 

Coal Lands— Ri^ht of ; ^v-A ris_^f_;T r, r c h 1?., 1914, and October 20, 1914 — 
Al a sk a — St at ut e s » 

A coal lease granted under the provisions of the leasing act 
of October 20, 1914. ;/hich is in terms restricted tc the Territory of 
Alaska, is subject to the reservations contained in the act of March 
12, 1914, authorizing the construction and. operation of railroads by the 
United States in that Territory,, 

Coal Lan ds-Mineral Lands— Rir;ht of Tay —Adverse Claim --Ala ska. 

A railroad company having a right of way over mineral lands is 
entitled tc the support of its easement,' roadbed and rolling stock, and 
the right to take ore underneath the surface thereof must yield,' if, 
in order to take it, the support of the roadbed will be impaired,. 



Co al Lands —Right of 7/ay- -Adverse Claim--Act of G etc 1 : or 20, 19I4 --Al-.sk ■, 

The action of Congress in authorizing the construction and operation 
by the United States of the Alaskan Railroad in effect created a 1 
easement with a corresponding servitude imposed on the adjoining land held 
by the grantor for support of the surface with the super-imposed 
structures, and the road is entitled to lateral or adjacent support as well 
as to vertical or subjacent support from one who leases coal lands pursuant 
to the act of October 20, 1914* 

Coal Lands — Ri^ht of VJay — Possession — Adverse Claim — Alaska* 

Section 13 of the Alaskan coal leasing act of October 20, 1914, 
provides that the possession of the 3i**©»e shall be deemed the possession 
of the United States for all purposes involving adverse claims to the 
leased property, and where questions arise as to the conflict of rights 
between a right of way granted and the Coal lessee, said disputes should 
be arbitrated in accordance with Arcitle VII of the mining lease# 

Court Decision Cited and Applied* 

The case of St* Louis and San Francisco Railroad Company v. 
Yankee (120 S". ',7., 18; 140 Mo* App*, 274), cited and applied* 
Healy' River Coal" Company; decided February 16, 1922, 
by First Assistant Secretary Finney* 

Oil and Gas Lands — Enlarged Homestead — Application* 

An application to make an enlarged homestead entry for land 
subject thereto, accompanied by the required showing and payment, filed 
prior to the designation of the land, has, by express provision of the 
act of March 4, 1915, the segregative effect of an entry, pending 
designation, and upon its allowance becomes an entry" by relation as 
of the date of the filing of the application, in so far as rights under 
the oil leasing act of February 25, 1920, are concerned. 

Oil "and- Gas Lands — Enlarged Homestead — Prospecting Permit — Preference 
Right — V/it hdrawal. 

Anentrymian whose entry has been allowed under the enlarged home- 
stead act, upon an application, accompanied by the required showing and 
payment, filed previously to the inclusion by Executive q rder of the land 
within a petroleum reserve, is entitled to the exercise of the preference 
right privilege to an oil and gas prospecting permit accorded by section 
20 of the act' of February 25, 1920, notwithstanding that the withdrawal 
was made prior to the allowance of the entry, and that the entry was 
allowed subject to the reservations of the act of July 27, 1914. 

Departmental Decisions Cdtod and Applied* 

Tho cases of Charles C. Conrad (39 L,D., 432), and Rippy 
v* Snowdcn (47 L.D», 321), cited' and applied, Louise E* Johnson; decided 
April 28, 1921, by First Assistant Secretary Finney* 



-16- 

0rv '£°iL 'a.{d' Calif o rnia Railro :.:! Lands »-',Iine ral Lands»-Fover Sites — 

"Lands within the forfeited grant to the' Oregon and 'California' Railroad 
Company that have beun classified as "Power-sit 9 lands"' under the' authority 
conferred by section "2 of 'the act of June"9", 1916^ and included within a 
power-site reserve by Executive Order issued pursuant' to the act of June 
25, 1910, as amended by the act of August 24, 1912, arc open to^ exploration, 
discovery? and purchase under the United States mining laws only so' far as 
those laws apply to metalliferous mineral's,, and are net, there:fdje 3 subject 
to location of a claim based upon discovery of deposits of fire clay or 
kaolin. 

Power-Sitcs--7ithdrav/al--Jurisdiction--"Jater Power. 



• The President retains jurisdiction over lands withdrawn by hin as 
power-sites until an application for water-power privileges is filed 
therefor* 

The Dailey Clay Products Company; decided November 28, 1921, 
by First Assistant Secretary Finney; rehearing denied 
Fobrua-ry 6, 1921, . . ■ • 

Indian Lands — Allotmont--Oocupancy--Pref erence Right — Act of May 1 7 » 
1 906 — Nat i onal Fore st s - - "." /it hdrav/al —-A1 aska* 

Actual occupancy and continuous use of a tract of land by an 
Alaskan native prior" to its inclusion within a national forest confers 
upon the occupant a preference right to an allotment homestead under the 
act of May 17, 1906, which is not affected by the withdrav/al, although 
the application for the allotment was filed subsequently to the issuance 
of the proclamation creating the reservation. 

Indian Lands — Allotment — Riant of V/ay ' — Alaska — Act.-: of May 14 . 189 8 » -nd 
May 17, 1906. — • '"- 

A 'right of way granted -under the act of. ■May 14, 1898, " is not 
adversely affected by the allowance pursuant to the act of May 17, 1906, 
of an allotment homestead to an Alaskan n,' at. ive upon an application 
predicated upon prior occupancy and continuous use of the land, whore 
the map of definite location of the right of -way was approved prior to ■ 
the passage of the act which authorized the allotment* 

Yakutat Southern Railway v« Setuck Harry, Heir of 
Setuck Jim; decided December 13, 1921, by First 
Assistant Secretary Finney, 



-17- 

AMENDMENT OF REGULATIONS 07 APRIL 15, 1918, GOVERNING 

INDIAN ALLOTMENTS ON PUBLIC LANDS. 



January 24, 1922. 
The Secretary of the Interior, 

Sir: 

The Department, on September 1, 1921, held that tho heirs of a 
deceased applicant under the fourth section of the General Allotment Act 
should be allowed tc show that "the' applicant personally settled on the 
land applied for during his or her lifetime, and while the land was open 
to settlement and that upon failure to submit such proof within the tine 
allowed, the application will bo finally rejected*" 

The question ~rir«s as to the proper disposition of a case in which 
the deceased applicant had made actual settlement sufficient to show 
good faith, before death, out had not completed the two years' use or 
occupancy required by the regulations' of April 15, 1916* 

On the analogy of the practice prevailing in homestead cases, the 
heirs of the dcco.scd Indian applicant would be obliged to complete the 
two years of said use or occupancy required of fourth-section applications 
under the regulations. V.'hiie the Department, however, has held (46 L.D., 
283), that the terms allotment and homestead "mean substantially the sr-me 
thing ao far as the lows in which they are found affect the public lands 
and so far as the interests of the Indian claimant are concerned" it has 
not held that the same requirements exacted of a homestead entryman are 
necessarily laid upon an Indian applicant for allotment. 

For instance, "while in the case above referred to it is held that a 
fourth-section allotment application is sufficiently like a homestead 
entry to justify its allowance under the body of the Act of June 22, 1910 
(36 Stat., 583), for land withdrawn or classified as coal, no requirement 
has been" made that allotments " shall, like homestead entries, be subject 
to the specific requirements exacted of homestead ontrymen under said act* 

The requirements cf residence and the aaount of cultivation each year 
and the oroction of a habitable house, are specific in the said act and 
differ greatly from the use and occupancy found sufficient in case of an 
Indian allotment claim* 

The conditions are more nearly analogous to the death of a claimant 
under the preemption lav:, wherein, under Section 2269, R.S., the heirs are 
entitled to offer proof on the death of the preemption settler at any time 
within the period allowed such settler and are not required to continue 
residence (3 L.D., 345). 

In the case of the preempt or, Soction 2269, R.S., requires settle- 
ment in person and the erection of a habitable house but nc specific time 
of occupancy is required. In the case of the Indian application, 
settlement only is required, but the Department has ordained that two 
years use and occupancy are necessary 'to shov; good faith, whereas only 
six months is required of a preempt or* 



As - settlement sufficient "to ' show ' good " faith ' is' all tha£ is 
required! by the allotment .ct , if death occurs while good faith is 
being demon st rated, it is believed that the heirs of the Indian applica- 
tion should not bs required to continue use and occupancy after the 
death of the applicant, but on satis fact pry- establishment of 
settlement in good faith, trust' patent should be issued* 

It is recommended that the following provision be added to the 
regulations at the end o f the section headed "Settlement'^ on page 6 
thereof: 

"When it is sufficiently- shown that an applicant was at 
the time of death j occupying in good faith the, land 
•settled on, patent will be issued to his or her heirs 
without further use or occupancy on the part of such heirs ' 
being shown*" 

Very respectfully, 

. WILLIAM SPRY, 

Commissioner* 

Approved: February 3, 1912. 
E. C. FINNEY, 

First Assistant Secretary* 



OIL AND. GAS. ACTIVITIES,. 
During the month of February the office received. 235 applications 
for prospecting permits for oil and gas,, under Sections 13 and 20 cf the 
mineral leasing act, o.nd allowed .231 permits under these sections of the 



"-Ct 



-19 



Receipts under the mineral leasing act for the month of January, 
1922, from bonuses, rentals, and royalties, amounted to $309,504448* 
Of this amount, 0253 ,462»88 was from lands outside of Naval Reserves, 
and 055,041. 6C from lands within such reserves. 

Application under Section 19* 

C. D« Muranc, an applicant for oil and gas prospecting permits 
under Section 19 of the leasing act, appealed from the decision of this 
office requiring him to amend his applications to show cause why the 
names of the holders of the outstanding interests in the mining claims 
used as a basis for his applications under Section 19 should not be 
inserted in the permit. In its decision of January 28, 1922, modify- 
ing the decision of this office, ^ e First Assistant Secretary of the 
interior held: 



"xxx The right conferred by section 19, is, therefore, 
in the nature of a preference right or privilege which 
may be exercised or waived, at the option of the occupant 
or claimant, and is, of necessity, waived if not asserted 
within the time and in the manner prescribed by the law 
and the applicable regulations. When so waived, the land 
becomes subject to disposition to the public generally 
or to any other claimant recognized by the low as entitled 
to priority." 



-20" 



By direction of the Commissioner under date of February 
17, 1922, Mr. L. E. Eddy is now in general charge of oil and gas 
applications for prospecting permits under Sections 13 and 20, of 
the leasing act, as well as applications under the relief pro- 
visions of the act* 



-ooooooOoooo" 



STOCK-RAISING HOMESTEAD — CIRCULAR NO. 523 •» 



Under date of December 14, 1921, a reprint of Circular No. 
523 was issued wherein changes were made in paragraphs 6, 9, 12 
(e), 13 (d), and 14, and in the forms of original and additional 
applications changes were made as required by Circular 738 of March 
7, 1921. 

The circular is of too great length to justify its 
publication in the Bulletin, but copies thereof can be had on 
application to the General Land Office. 



-21- 
Circular ho. B01. 

DEPARTMENT' OF TEB INTERIOR 
General' Land 'Office 
'Washington 

January 16, 1322. 

: In struct ions '.Leasing Act. 
: Extension of time. 

Registers and Receivers, 

Local Land Offices. 
Sirs: 

By act of Congress approved January 11, 192°. Public Mo. 127, the 
Secretary of the Interior was authorized to '-rant an extension of tine unacr 
Oil and gas permits granted pursuant to Section 13 of the Act of February 
25, 1920 (41 Stat., 437), 

The text of the act is as follows: 

"Be it cnactod by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
the Secretary of the Interior may, if he shall find that any 
oil or gas permittee has been unable, with the exercise of 
diligence, to begin drilling operations or to drill wells 
of the depth and within the time prescribed by Section 13 
of the -Act of Congress approved February 25, 1920 
(forty-first Statutes, Page 437), extend the time for 
beginning such drilling or completing it, to the amount 
specified dh the Act for such time, not exceeding three 
years, and upon such conditions as he shall prescribe." 

Accordingly, a permittee who has been unable with the exercise of due 
diligence to comply with the terms of the permit issued under Section 13 of the 
Act of February 25, 1920, may, if the facts warrant, be granted an extension of 
time upon filing an application therefor accompanied by his own affidavit 
setting forth what efforts, if any, he has made to comply with the terms of has 
permit and the reasons for delay in the full compliance therewith, such showing 
to be accompanied by a corroborating affidavit of at least one disinterested 
person having actual knowledge of the facts* 



-22- 
The affidavit by the applicant must also show the time 'when ho proposes 
to commence or resume his operations and any arrangements he has made for 
complying with the terms of the permit. 

The application may ho filed in the General Land Office or in the local 
land office having jurisdiction over the laml involved by the permit. In the 
latter event the application will bo promptly for.vardcd to this office by the 
local officors. 

You will ",ive the widest publicity to the above regulation that may 
bo possible without expense to the United States,. 

Very respectfully, 

\lXLLim SPRY,, 

Commissioner, 



Approved: January 16, 1022, 
E. C. FINNEY 



First Assistant Secretary* 



-23- 

Circular Mo. 302* 

DEPARTMENT OF THE INTERIOR 

General Land Office 

'Washington 

January 21, 1022. 

ACCOUNTS: Bills of Lading. 

Surveyors General, Supervisors, Assistant Supervisors, Registers and Receivers, 
Chiefs of Field Division, and Others, 

Sirs: 

Bulletin 7-C of the Chief Coordinator,G on oral Supply, requires that, 
effective January 1, 1922, all shipments for account of this office -/ill be 
reported -monthly* This office must riako its report by the tenth of the 
succeeding month and it will therefore be necessary for all memorandum bills of 
lading to be promptly transmitted through the usual channels and that Surveyors 
General, Assistant Supervisors and others, through whera such memorandum copies 
come for notation, make their notations promptly and forward the memorandum bills 
of lading at once* 

Very respectfully, 

7/ILLIAM SPRY,, 

Commissioner* 



3897, 



-24- 
Circular Ho. 803. 

DEPARTMENT OF THE INTERIOR 

General Land Office 

iTashington 

INSTRUCTIONS UNDER K.J. RES. 30, APPROVED JANUARY 21, 1922, AMENDING JOINT RESOLU- 
TION OF FEBRUARY 14, 1920 (41 STAT-,' 414) ,- GIVING. TO DISCHARGED SOLDIERS, SAILORS, 
AND MARINES A PREFERRED RIGHT OF HOMESTEAD OR DESERT LAND ENTRY,, CIRCULAR 678 
MODIFIED. 

January 24, 1922. 
Registers and Receivers, 

United States Land Offices. 
Sirs: 






House Joint Resolution No. 30, approved January 21, 1922, amended joint 
resolution of February 14, 1920 (41 Stat., 414), giving to discharged soldiers, 
sailors and marines a preferred right of homestead or desert land entry, so as to 
provide that for the period of ten years from and after February 14, 1920, on 
the opening of public or Indian lands to entry, or the restoration to entry of 
withdrawn public lands, the order restoring such lands shall provide for a period 
of not less than ninety days prior to the general restoration of such lands 
during which honorably discharged officers, soldiers, sailors and marines who 
served in the United States Army or Navy in the war with Germany shall have a 
preferred right of homestead or desert land entry, but not otherwise changing" 
the provisions of the said joint resolution approved February 14, 1920. 

Lands that had become subject to general disposition prior to January 
21st -Till n<~t br affected by the amendment, but where lands have been restored 
heretofore and the period of 63 days preference right provided by Circular 678 
(47 L.D-, S46) , had not expired. January 21st, the preference right fcr the 
officers, soldiers, sailors, and marines -rill bo held to extend for the 
period of 91 days from the beginning o. F the peri r . 



Orders of rosrtorn-tion hereafter issued will conform to the foregoing, 
Circular Mo. 678 (47 L.D., 346) is amended accordingly. 

Very respectfully, 

•JILLIAIv! SPRY,, 

Commissioner. 



January 26, 102?. 

Approval : 

E. C. FINNEY, 

Acting Secretary* 



3863 



-26- 
Circular No. 805. 

PROOFS UPON CLAIMS INITIATED UNDER THE DESERT LAND LAWS BY 
INCAPACITATED S OLDIE RS -- ACT 0? DECEMBER 15, 1921 (Public No. 111). 

DEPARTMENT OF THE INTERIOR, 
General Land Office , 
Washington, D.C. 

February 3, 1922. 

Registers and Receivers , 

United States Land Offices. 

Sirs : 

The act of December 15, 1921 (public 111), amends the act 

of March 1, 1921 (40 Stat., 1202), by adding at the end thereof, 

the following matter, designated as section 2 of the said act: 

"sec. 2 # That any e itryman under the desert 
land laws, or any person entitled to preference 
right of entry under section 1 of the act 
approved March 26, ■ 1908 (Thirty-fifth Statutes 
at Large,' page 52), who afxer application or 
entry for surveyed lands or legal initi vtion of 
claim for unsurveyed lands, and prior to -November 
11, 1918, enlisted or was actually engaged in the 
United States Army', Navy, or Marine Corps during 
the war with Germany, who has been honorably 
discharged and because of physical incapacities 
due to service is unable to ' accomplish reclamation 
of and payment for the land, may make proof 
without further reclamation thereof or payments 
thereon under such rules and regulations as may 
be prescribed by the Secretary of the Interior, 
and receive patent for the :i and by him so entered 
or claimed, if found entitled the re t o : Pr o vi de d ,. 
That no such patent shall issue prior "to the survey 
of the land." 



2, The benefits of this amendment extend to persons who, prior to 
November 11, 1918, and during the war with Germany, were actually 
engaged in the United States Army, Navy, or Marine Corps, regardless 
of the date of their enlistment, provided they entered the service 
after having filed an effective desert land application or made a 
desert land entry for surveyed land3, or acquired a preference 
right to make entry under the desert land laws, of unsurveyed land, 
and who, having been honorably discharged, are unable to accomplish 
reclamation .of and make payment for the land on account of 
physical disabilities due to such service. 

3. If the land is unsurveyed and entry is not yet allowable, 
a claimant having a preference right of entry should file his 
application therefor on form 4-274, accompanied by his sworn 
statement, corroborated by two persons having personal knowledge of 
the facts, setting forth in detail the date when he took possession 
of the land and what acts he performed thereon touching the matter 
of its reclamation and improvement. You will assign to the 
application the current serial number. Final proof can be submitted 
•and accepted but the final certificate will not be issued until 
adjustment to legal subdivisions, after the filing of an approved 
plat of survey;, 

4, Notice of intention to submit proof must be given in the 
usual manner by posting and publication; and in case of unsurveyed 
land, affidavit -evidence must be filed showing posting of notice 
on a conspicuous place on the land* 

5. The proof shall consist (a) of affidavit of the claimant 
(taken before any officer at any place who is authorized to 
administer oaths and who uses an official seal), showing that 

(OVER) 



-28- 
he is, unable to return to th<: l?j!d or. account of physical incapacity 

due to service in the United States .Army, Navy, or i^arin Corps 

during the war with Germany, and describing the nature and extent of 

such disability and reason for inability to make payment; (b) 

of the testimony of two witnesses taken in similar manner 

corroborating the statements in that regard n.nd. of these witnesses 

at least one must be a practicing physician; (c) of a certified copy 

of his discharge from the Army, Navy, or Marine Corps, or an 

affidavit showing all the facts regarding his service and discharge. 

In each case the facts will be verified so far as possible from the 

records of the War Department. 

6. No payment of moneys will be required in connection with 
any application made, or proofs offered, other then testimony fees, 
when the testimony is taken before your office, where the applicant 
satisfactorily shows that by reason of' physical incapacities due to 
such service he is unable to accomplish reclamation of and make 
peyment for the land. 

7. "where the proof appears satisfactory, in the absence of 
protest, end entry for the land has already been allowed, the 
register will issue final certificate. In cases where entry has 
not yet been allowed, or protest filed, all the papers will be 
forwarded to the General Land Office for consideration. 

Very respectfully, 



VILLIAi,: -PRY, 
Pi rs t As s i s t an t 3e c re t ary. 



Approved, February 3, 1922. 

3. C. FINNEY, Commissioner. 



?29- 

Circular No*304 
DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 

January 31, 1922* 

: Regulations for sale of Proctor's 
: Landing, an abandoned military 
: reservation (Fort Beauregard) 
: Louisiana* 

Register and Receiver, 

Baton Rouge, Louisiana. 

Sirs: 

By act approved June 1, 1846, the Louisiana State Legislature provided 
for the exercise of jurisdiction of the United -States over lands used for 
military purposes. April 4, 1856, lands near Lake Borgne, parish of St. Bernard, 
near Proctorsville,' Louisiana, "we're acquired by the United States to be used 
for fortification purposes. By Executive Order No. 3167, dated September 15, 
1919, said reservation was turned over to the Department of the Interior for 
disposition under the Act of July 5, 1884 (23 Stat., 103) or as might be other- 
wise provided by law, such lands being no longer' needed for military purposes* 

This reservation is -located' in Sec* 38, T* 14 S«, R* 15 E., St* Helena 
Her* La., and contains 81.64 acres* 

Said lands were surveyed, and in May, 1920, were appraised, which 
appraisement has been this day approved, jith the exception of Tract No* 56 
appraised at $5.00 per acre, the land is valued at £50 p Gr acre, a total appraised 
price of 0571*20*. The improvements on Tract No* 56 are valued at §250* Other 
improvements located on other tracts wore not appraised, as same are subject to 
removal by the owners. 

As provided by the said Act of July 5, 1884, the lands within this 
abandoned military reservation "/ill no;/ be disposed of at public sale to the 
highest bidder for cash, and at not less than the appraised price, in your office 
and under your supervision commencing at 10 o'clock A.M* on April 26 , 1922* 

Bids may be made in person or by agent, but will not be received through 
the mail. Purchasers will not be required to show any qualifications as to age 
or citizenship or make any showing as to the amount or character of public lands 
heretofore acquired by them under any laws. Purchasers will be required to make 
full payment for lands at time of sale* 

Note on each cash certificate the following "Proctor's Landing, 
Abandoned Military Reservation, (Fort Beauregard), Louisiana", and fonvard the 
certificates to this office with your regular monthly returns* 

The Register is horcby authorized to prescribe such rules for 
conducting this sale as the circumstances may require and he may at any time 
suspend or postpone the sale or adjourn it to such time and place as he may deem 
advisable. 



(OVER) 



All persons are warned against entering into any agreement j combination or 
conspiracy which will prevent' any of said lend iron selling advantageously and all 
persons go offending will be prosecuted criminally under Section 59 of the 
Criminal Code. ."..'' '." 

Publicity will be given this cole by the publication cf a. notice in two 
newspapers of general circulation in the vicinity of said land for sixty days 
preceding such sal ., 

You will post a copy of these regulations in your office and send copies of 
sane to any persons known by you to be interested. 

Very respectfully, 

mLLIM SPRY,, 

• Commissioner^ 



January 31, 1922, 
Approved; 

E. G. FINNEY, 

First Assistant Secretary, 



-31- 
Circular No* 807. 

FOFMS FOR FINAL PROOFS OH STOCK-RAISING HOMESTEAD ENTRIES, 



Department of the Interior, 

General Land Office,' 
Washington, D.C., February 9, 1922. 



Registors and Receivers, United States Land Offices: 



Sirs: 

On January 7, 1922, the department approved Foots 4-369 b (testimony 
of claimant) and 4-369' c (testimony of" witness), for final proof on 
stock-raising homestead entries*. A supply of these forms is being sent to 
all district offices/ 

On and after April 1, 1922, you will not accept such proofs made 
on other forms except as hereinafter provided. 

Because of the fact that unofficial forms for stock-raising 
homestead' proof s, not differing materially from the official forms now 
furnished, have been published and no doubt widely distributed among 
proof-taking officers, you are authorized to accept, until October 1, 
1922, proofs made on such forms* 

In the interest of economy and good administration, you will not 
hereafter furnish official forms of affidavits, applications, proofs, etc*, 
to agents, attorneys, proof -taking officers, or others, except that 
sample copies may be supplied for printing. You will, hov/ever, furnish 
any neoessafy form to an actual applicant or claimant for public land 
upon his request* 

Circulars 374 (43 L.D«, 494), 443, and any other circulars or 
instructions in conflict herewith are unified accordingly* 

A copy hereof should be sent to eafch proof-taking officer and 
recognizod agont or attorney in your respective districts* 

Very respectively, 

'7ILLIAM SPRY, 

Commissioner. 



Approvod: 

E. C. FIN?!EY, 

First Assistant Secretary^ 



Circular Mo, BOG. 
DEPARTMENT OF THE INTERIOR 
General Land Office 
7/ashington 



Register and Receiver, 

Las Cruces, New Mexico* 
Sirs: 



February 14, 1922. 
Regulations for the opening to 
entry "of lands' in New' Mexico. 
(Formerly reserved for military 
purposes, near Doming, N. Mexico.) 



By Executive Order No. 2772, dated December 12, 1917, all the public lands 
in T. 22" Si, R* 9 V/., NJ.1.P.M., the title to which had not passed out of the 
United States', were temporarily withdrawn from settlement, filing, selection, entry 
or sale, and reserved for military purposes* 

By Executive Order No, 2879, dated June 6, 1918,'' all the public lands in 
T. 20 S., R. 9 -.7., T. 21 S. } R's*" 8, 9, and 10 7., and T. 22 S., Rs. 8 and 10 '.7., 
N*M,P-M*, were temporarily withdrawn from settlement, entry, sale or other forms ' 
of disposal, and reserved for military purposes for occupation and use fdr 
artillery practice* '. 

Executive Order No. 3078, dated April 22, 1919,,placed all lands in T. 21 
S«» R-P.8 and 9 7., N.M.P.M., which had been reserved by Executive Order No. 2079, 
for military purposes, for occupancy and use for artillery practice, under the 
control of the Secretary of the Interior, for disposition, as provided by the Act of 
July 5, 1084 (23 Stat.," 103), " or as may be otherwise provided by law*" August 25, 
1919, said lands were opened to entry in accordance .with departmental regulations of 
May 17, 1917.." (46 L.D., 121),' and citing departmental decision of May 6, 1919, in tho 
case of ex parte Petronilo Garcia (47 L.D., 141). 

■ r y Executive Order No. 3402, dated February 11, 1921, the remaining lands 
reserved by the foregoing Executive Orders Mos. 2772 and 2879, having become 
useless for military purposes, were placed under the control of the Secretary of the 
Interior for disposition under Section 1 of the Act of July 5, 1884 (23 Stat., 103), 
"or as may be otherwise provided by law." Under date of April 1, 1921, copies of 
said Executive Order No. 3402 were sent to your office and you- were informed that 
you would be later advised of the -disposition to be made of said lands. 

Following the decision of May 6, 1919, was the opening to entry, under date 
of April 8, 1920, of certain lands in your district, withdrawn by Executive Order 
No. 1927, May 2, 1914, and No. 1954 of Juno 6, 1914, for the Fort Bayard Military 
RoarL New Mexico, which was restored by Executive Order No. 2393, June 15, 1916* 

in ' ^ he lands to bo now open to entry arc T, 20 S., R. 9"WV, T. 21 S. , R. 

10 7., and T. 22 } Rs., 8, 9 and 10 ".7., containing approximately 55178.48 acres, and 
are situated a few mil-os north of the town of Doming, New Mexico, and will be 
disposed of under tho following regulations: 

In the absence of other withdrawals or valid adverse claims', all of tho 
vacant, unappropriated public land therein will become subject to entry under the 
homestead and desert land laws (tho fatter only in the event "same is properly 
subject to such class of entry), with a preference right to qualified ex-service 
men of the 7/ar with Germany who have been honorably discharged or separated from ' 
the service, under the provisions of the act of February 14, 1920 (41 Stat., 434; f 
as amended by the Act of January 21, 1922 (H. J. Ros.,No» 30)*. 



-33- 

' j C - ' 

1. From April 10, 102?, to July 3, 19?", both elites inclusive, the Lands 
entered only under I hoi .■ d b rs id only y :.- Lc< men oi 

G err.. -my who have been honorably discharged or separated froTi fcb rvic or ■'■ ceH 

in the regular Army or Naval Reserve: provided, that from "larch 20, 1922 to .• r I 
1922, loth d"tcs inclusive, applications may be presented by such persons under said 
laws, such applications to be treated as simultaneously filed and ...disposed of befor 
action is taken on other preference applications* 

GENERAL DISPOSITION. 
2* The lands, if any, not disposed of dunn ; said preference period will become 
subject to appropriation under any applicable lend laws, including settlement under 
the homestead law in advance of entry, by any qualified persons, on July 2b, 1922, 
and not before then provided, that from July 10, 192? to July ??, 1922, both dates 
inclusive, any qualified persons may present applications for the land under the 
homestead laws only, such applications to be treated as simultoBGCuciy filed and 
disposed of before action is taken on other non-p reference applications. 

Part of Sees- 1, 2, 3, 4, and 5, T,, 22 S., R* 8. '.7., N.U.P.M., containing 
1939.09 acres, were formerly a part of the Fort Cummin';s abandoned military reserva- 
tion. The lands therein were appraised at .91.25 per acre and opened to entry in 1C95« 

' 'Homestead entryrnerT'v/ill be required, in addition to complying with the usual 
rcquir'-iontr; to make payment for the land formerly embraced in this abandoned 
military reservation, at the appraised price of 0&.25 per acre, which may be paid 
in full at' the date of the acceptance of proof upon their entries, or bat the option 
of the ontrymen, payment may be made in five equal installments., the first payment 
to bo made one year after the acceptance of tho final proof, the subsequent payments 
to bo made annually 'thereafter, with interest at the r^te of four per cent per annum 
from date of acceptance of such proof. They will be allowed, however, to pay one or 
more ex? en annual installments at any time, with interest to date of such payment. 
Upon acceptance o; three-year proof and payment m full, a final certificate may be 
issued otherwise the certif icato will not bo issued until the final payment has been I 
made. 

The preference rights above provided for aresabject to valid settlement rights 
or equitable claims recognized by existing laws, but such claims should be asserted 
durin,;; the 20-day period provided in para-raph 1* 

In tho event conflicts appear between applications treated as simultaneously 
filed, as herein provided, drawings will be held to determine the order in which the 
conflict in ; ; applications will be taken up for consideration. 

Acknowledge receipt of these regulations, "ivinr, them all the publicity 
possible '-without expense to the Government by furnishing copies thereof for publica* 
tion as an item of news to the various newspapers in your districts You will also 
post a copy of same in your office and transmit a copy to the postmaster nearest the 
land for posting in his office. 

Very respectfully, 

7ILLIAM SPRY, 

Commissioner. 
Approved: February 14, 1922* 
E. C. FINNEY, 

First Assistant Secretary- 



-34-" 
Circular No. 809. 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



February 15, 1922» • 



Bond of lessees and 
Sec. 6 (c) of lease form 
Circular 679 amended. 



Registers and Receivers, 

United States Land Offices, 



Sirs: 

The regulations governing coal mining leases, permits and licenses under 
the act of February 25, 1920, Circular 679, approved' April 1, 1920 (47-<L.D. 489), 
is hereby amended, by adding to section 8 thereof, the following provisions: 

"In case 'of lease for a" small area, where the investment to be 
made is 010,000 or less, the lessee shall furnish one bond to 
cover both the investment and compliance with the terms of the 
lease, such bond to be in half the amount of the investment to be 
made, but in no case shall it be lens than \)1, 000. The bond 
executed by the lessee shall be with approved corporate surety 
or with two qualified individual sureties, together with affidavits 
of justification by the sureties that each of said sureties is 
worth double the sum specified in the undertaking over and above 
their just debts and liabilities in real property exempt from 
execution, and a certificate by a judge or clerk of a court of 
record, ^a 'J. S. District Attorney, a U. S- Commissioner, or a U.S. 
Postmaster, as to the identity, signatures and financial competency 
of the sureties." 

Accordingly Circular 789 of October 31, 1921, amending said Section 8 is 
revoked and superseded hereby. 

Paragraph 6 (c) of the lease form is hereby amended to read as follows: 

"Paragraph 6 (c). That on the termination of this lease, pursuant 
to the last preceding paragraph, the lessor, his a-ent, licenree, 
or lessee shall have the exclusive right at the lessor's election 
to purchase at any time within six months theroafter, at the' appraised 
value, any or all buildings, machinery, tocSta or other property placed 
by the lessee in or on the lands leased • hereunder, save and except 



'35- 



ali -underground timber and such other supports and structures as 
arc access try for the .protection and preservation of the i 
which shall bo and remain- -a part of the realty without further 
consideration or compensation; that' the purchase price to be paid 
for said buildings, machinery, equipment,' tools or other property 
to be purchased as aforesaid shall be fixed by appraisal of three 
disinterested and competent persons (one to be designated by 
party hereto and the third to be selected by the two so designa- 
ted), the valuation so determined by the three or a majority of 
them to be conclusive and binding upon both parties; that pending 
such election to purchase within the said period of six months 
none of the buildings or other property shall be removed from their 
normal position; that if such valuation be not requested "or the 
lessor shall affirmatively, in writing, elect not to purchase 
within said period of six months, the lessee shall have the priv- 
ilege of removing said buildings, machinery, equipment, tools and 
other property within 90 days after being notified in "writing by 
the lessor that the said lessor does not elect tc purchase any or 
all of the buildings, machinery, equipment, tools or other property 
and in case of failure, to so remove the said property within 90 
days after receipt of such notice, then said buildings, machinery, 
tools or other property shall become the property of the United 
States, 

Very respectfully, 

7/ILLIAM SPRY,, 



Commissioner. 



Approved: February 15, 1922. 
E. C. FINNEY, 

First Assistant Secretary, 



3917, 



Circular No. 81C*- 

depart:'-;: 1 ? of the interior 

General Land Office 
Was} ington 

Instructions as to "contests against stock-raising homestead entries based on 
allegations, of fraud and misrepresentation in securing designation. 



February 18, 1922. 
Registers and Receivers, 

United States Land Offices. 
Sirs: 

In view of the departmental decision Of July 21, 1919, in Doninquez v* 
Cassidy (47 L. D., 225), you will not allow, without instructions from this office, 
any application to contest an entry under the stock-raising homestead act where 
fraud and misrepresentation in securing the designation of the land are alleged* 

On receipt of such an application to contest, you will transmit the papers 
to this office by special letter with a request for instructions, making 
appropriate reference hereto. 

Such applications to contest will be rejected where it appears, from the 
records of the Department, that the designation of the land was preceded by and 
based on a field investigation. 

Very respectfully, 

-.VILLI AM SPRY, 

' Commissioner* 



Approved: February 18, 1922<. 

E. C. FINNEY, 

First Assistant Secretory, 



3923- 



-37- 

Circulur No* 311. 

DEPARTMENT OF THE INTERIOR 

General land Office . . 

7/ashington 

February 20,' 19 22',, 
ACCOUNTS: Lessees of oil lands not required 
to furnish itemized statements with 
payments of royalties. 

Registers and Recoivers, 

U. S. Land Offices. 

Sirs: 

By order dated March 2, 1921, it is required that all payments of royalty 

in money shall be accompanied by a statement showing the production for the 
month, number of v/ells from which production was made, grade of oil produced, 
the value thereof, and the royalty due the Government. 

The Bureau of Mines advises that its field offices arc now established 
and that the employees in these offices are now computing the royalty statements. 
Oil and gas lessoos are required to submit to such field offices itemized state- 
ments of the oil and gas produced by them, which results in their submitting two 
sets of figures* As the Bureau of Minos is furnishing this office with monthly 
statements of royalty due the Government from oach lease, you will notify 
lessees that send in itemized royalty statements that such statements are no 
lcng:©r necessary and that all royalty statements should be submitted directly to 
the deputy supervisor of the Bureau of Mines* 

Order of March 2, 1921, is modified accordingly. 

Very respectfully, 

'.7ILLIAM SPRY, 

Commissioner. 



Approved': February 20, 1922. 
E. C. FINNEY, 

First Assistant Secretary. 



•38- 



T REASURY DEF AKEMENT 
Office of Coranissiciter of Internal Revenue 
Washington, D. C. 

TO COLLECTORS OF INTERNAL REVENUE AND OTHERS CONCERNED: 

Section 1400 (a) under Title XIV of the Revenue Act of 1921 repeals 
the stamp taxes imposed by subdivision 2, Schedule A, of the Revenue Act 
of 1918, to take effect en January 1, 1922, subject to the limitations 
regarding the assessment and collection of taxes accrued prior to such 
date proscribed in subdivision (b) of said Section 1400. Section 1100 
and Schedule A-2 of the Revenue Act of 1918 provided: 

"Sec. 1100. That on and after April 1, 1919, there shall * 
be levied, collected and paid, for and in respect of the sev- " 
oral bonds, debentures, or certificates of stock and of indebt- 
edness, and other documents, instruments, matters, and things 
mentioned and described in Schedule A of this title, or for or 
in respect .,of the vellum, parchment, or paper upon which such 
instruments, natters, or things, or any of them, are written " 
or printed, by any person, who makes, signs, issues, sells, re- 
moves, consigns, or ships the same, or for whose use cr benefit 
the same are made, signed, issued, sold, removed, consigned, or 
shipped, the several taxes specified in such schedule. The taxes 
imposed by this section shall, in the case of any article upon 
which a corresponding stamp tax is now imposed by law, bo in 
lieu of such tax." 

"2» Bonds, indemnity, and surety: On ail bonds executed 
for indemnifying any person who shall have become bound or en- 
gaged as surety, and on all bonds executed for the due execution 
or performance of any contract, obligation, or requirement, or 
the duties of any office or position, and to account for money 
received by virtue thereof, and on all policies of guaranty and 
fidelity insurance, including policies guaranteeing titles to 
real estate and mortgage guarantee policies, and on all other " 
bonds of any description, made, i.sjcuod, or executed, not other- 
wise provided for in this schedule, except such as nay bo re- 
quired in legal proceedings, 50 cents: Frovided, That where 
a premium is charged for the issuance, execution, renewal or - 
continuance of such bond the tax shall be 1 cent on deach dol- 
lar or fractional part thereof of the premium charged:" Pro - 
vided further, That policies of reinsurance shall be exempt 
from the tax imposed by this subdivision*" 



T, D. 3286. 

The tax' imposed by the foregoing statutory provisions "/as upon the 
issuance, execution, renewal or continuance in force of the bonds de- 
scribed therein* Therefore, any such instrument issued or executed 
after March 31, 1919, but prior to January l t 1922, is subject to the 
stamp tax whether taking effect immediately cr ■' subsequent to the repeal 
of said tax. But any such instrument issued or executed after December 
31, 1921, is not subject to stamp tax although effective as of a date 
prior to January 1, 1922. 

TThore a premium is chargod prior to January 1, 1922, for the issu- 
ance or execution (regardless of the effective date), or the rcnev/sl or 
continuance in force, of any bond or other instrument designated in 
Schedule A-2 of the Revenue Act of 1918, the same is subject to stamp 
tax upon the entire amount of the premium so charged. But.wlicrc a 
premium is charged subsequent to December 31, 1921, for the issuance cr 
execution after said date, or for the renewal or' continuance in force, of 
any such bond or instrument, no stamp tax is due upon the premium charged* 

However, ■//hero a premium is charged upon the issuance,, execution, 
renewal or continuance in force, subsequent to December 31, 1921, of any 
indemnity or surety bond given to the Federal Government, or cf any pol- 
icy of guaranty and fidelity insurance in favor of the United States, a 
statement must be made on the face of such bond or policy showing the 
rate and amount of the promiCfci charged* 



D. H. BLAIR, 

Commissioner of Internal Revenue, 



Approved: February 15, 1922, 
A. 77. MELLON, 

Secretary of the Treasury^ 

3928 



-40- 



APPROVAL Cfi-iJI ALLCTT iaJT TC AH A LASKAN -KATIVIS COI^FEuS A VE ST ED RIGHT. 

Uhd.c.j/ihc pracrfci.ee formerly prevailing, the allotment of Charley 
Ci/;t&e'oj;' 'aX'ative o£ Alaska^ : under "-'the act of «iay i" 7 , .1906 (34 Stat., 
l'9V)' t ' f or a tract of un^urveyod land on the Ghilkat River, Alaska, was 
approved by the 'Department* Subsequently this tract was included within 
the limits' xxf an Executive Order Reservation, nade for the benefit of 
Alaskan nativos living in Kluchwan* Rccornm end at icn v;as made by the Fiold 
Service that the allotment be canceled because of that fact, although 
it' v/as reported that the Indian v/as "living on the land in peace and 
harmony." . 

The natter being brought before the Department it was held 
February 8, 1922, that as the Executive Order exempted from the operation 
thereof any"ves£od rights", and as Congress has often prohibited the 
acquisition of rights,' or. the exercise of privileges by others, which 
would in any way infringe upon or affect the possessory rights of natives 
of Alaska, and as this allottee had done all that was required of him, 
it must be held that his claim amounted to a "vested right", which v/as 
not subject to extinction at the pleasure of the executive branch of the 
Government, but that the land covered by such approved allotment must bo 
deemed the "homestead of the allottee and his heirs in perpetuity" as 
directed by Congress* 



-41- 
DEPARTMENT 0*' THS INTERIOR 

General Land Office 

Washington 

PUBLIC LANDS RESTORED TO HOMESTEAD ENTRY A1JD ' 
DISPOSITION BY PROCLAMATION,, EXECUTIVE OR DEJ 
MENTAL ORDER, 



Preference Rights to Ex-Service Men of the V7ar with Germany* 

G eneral Method of Opening: 

' By virtue of Public Resolution No. 29 of February' 14, 1920, (41 Stat., 
434),, as amended by Public Resolution No. 36, approved January 21, 1922, hereafter 
and until February 15, 1930, when any .surveyed lands within the provisions' of 
the public resolution are opened or restored to disposition under 'the authority 
of the Department, such lands, unless otherwise provided' in the order of 
restoration, shall become subject to appropriation under the laws applicable 
thereto, in the following manner, and not otherwises 

Lands not affected by the preference rights conferred by the acts of 
August 18, 1894 (28 Stat., 394), or June 11, 1906 (34 Stat., 233), or February 
14, 1920 (41 Stat,, -407), will be subject to entry by soldiers under the 
homestead "and desert-land laws, where both of said laws are applicable, or under 
the homestead law only, as the case may be, for a period of 91 days, beginning 
v/ith "the date of the filing of the township plat in the case of surveys or 
rcsurveys, and with the date specified in the order of restoration in all other 
cases, and thereafter to disposition under all of the public land laws, applicable 
thereto', except where homestead entrymon are granted' a prior preference period 
under the order. For a period of twenty days and for a like period prior to the 
date or dates ouch lands become subject to entry by the general public, soldiers 
in the first instance, and any qualified applicants in the second, may execute and 
file their applications, and all. su :'•< applications presented within such twenty- 
day periods, together with those offered at nine o'clock a«m* 9 standard time, on 
the dates such lands become subject to appropriation under such applications, shall 
be treated as filed simultaneously© 

Urisurveyed lands are not subject to homestead or desert-land entry. A 
homestead entry may embrace 160 acres, or an approximation thereof, and vherCjthe 
lands are of the character contemplated by the 320 or 640 acre homestead acts, 
applications for the unappropriated lands may be filed by qualified persons, 
under either of said acts; accompanied by proper' petitions, if undesignated, for 
the designation of lands thereunder, and such applications will be suspended pending 
determination as to the character of such lands. 

The following are restorations or openings which will occur in the near 
future and concerning which further information may be obtained from tin 
local offices: 



-42 ■ 



RESTORATION FROM RECLAMATION 7/TTHDRA.7AL. 

(my 

:'o: ! tana> 

About 2,200 acres in Teton County, Great Falls land district, all in T. 
22 N*,. R» 8 '.7., M.M,; open to homestead and .desert-land entry, beg inning March 
3, 1922 } for a period of 91 days to ex-service men of the 'Torld 7/ar, subject 
however, to valid_ prior settlement and, preference rights; filings may be 
presented during the 20 days preceding that date or from February 11 1 to March 
2, 1922, inclusive. Any lands remaining unentered after the expiration of the 
91-day period, that is beginning June 2, 1922, will be open to settlement and 
all forms of entry and selection by the general public. However, for the 
greater part of the lands restored a successful applicant will be required to 
file a petroleum or an oil and gas waiver and will obtain only surface title to 
the land and further all the lands arc opened to entry subject to the execution 
by any prospective entrynan of an easement for highway and telephone line and 
easement for flowage and seepage in favor of the United States- The lands are 
near the Sun River, and in the vicinity of the town of Choteau, Montana, 



3891 



-43- 

(232) SALE OF WITHDRAWN LANDS. 

LOUISIANA: 

81*64 acres of land, known as proctor's Landing (Fort Beauregard), 
an abandoned military reservation, in the Baton Rouge, Louisiana, land 
district, will be offered for sole to the highest bidder, for cash, at the 
United States Land Office at Baton Rouge, Louisiana, commencing at 10 
o'clock a.n., on April 26, 1922* 

Said lands were acquired by the United States April 4, 1856, to be 
used for fortification purposes, " and by Executive Order Wo» 3167, 
dated September 15, 1919, "were turned over to the Department of the 
Interior for disposition under the act of July 5, 1834 (23 Stat., 103), 
or as may be otherwise provided by lav;, same being no longer needed 
for military purposes* 



These lands are located in Sec* 38, T. 14 5., R» 15 E., St. 
Helona Meridian, near Lake Borgne , in the Parish of Saint Bernard. Tract 
56, containing 78.02 acres, 'has' bean appraised at o5.00 per acre and the 
balance of the lands at $50.00 per acre, a total appraised price of 
0571.20. The old brick' and irtono fort' is valued at $250«, The improvements 
located on the other tracts were not appraised, for the reason that came 
were subject to removal by their owners. 

ALASKA: 

By Proclamation of February 7, 1922, a tract of approximately 4,600 
acres of unsurveyed land, in the Juneau land district, was excluded from 
the Tongass National Forest because of its low value for forest purposes. 
This land will be opened "to hem est cad' entry by qualified ex-service men' of 
the Jorld 'Jar for ninety-one days beginning April 11, 1922, An ex-service 
nan must assert his preferential right by filing' in the local recording 
office a location of his homestead within the' ninety-one day period, 
and such homestead location notices nay be presented within the twenty 
days prior to April 11, 1922, or from March 22, 192 2 • On and after July 
II, 1922, any of the lands that remain unentered' will be subject to 
.appropriation by the general public under any applicable land law* The 
tract extends along both sides of t.Iondenhall River from Gastineau Channel 
to l.-iendenhall Glacier, and it is reported that it may have some 
arriculturaJ. value. The preference granted ex-service men is subject to 
prior valid settlement rights and equitable claims*' 

The tracts embraced in the settlements of" Craig, Tenakoe, and 
Ryder wore also excluded from the Forest by such proclamation in order 
that they may become subject to townsite entry. 



-44- 
(233) 

' •''■ . From Segregation Under The Carey Act, 

2286*49 acres of land in Converse County, Douglas land district, opened to 

homestead and desert land entry by qualified ex-service men of the To rid "Tar, 

beginning March 9, 1922, at 9 a»n,, applications filed by ad j cluing? entrymen and 

patentees during the preference period beginning March 9, 1922, are preferred over 

other .applications. Filings may be presented during the 20 days prior to March 

9, 1922. 

Any lands that remain unentered will be open to homestead entry only by the 

general public from June 7 to June 27, 1922, inclusive, and filings may be 

presented during the 20 days immediately proceeding June 7, 1922, 

On and after June 28, 1922, any remaining lands "/ill be subject to general 

disposal, that is, to appropriation under any applicable public land law by the 

general public* 

The lands have been released from Carey Act segregation and have been 

designated under the Enlarged Homestead Act of February 19, 1909 (35 Stat., 639), 

and the Stock Raising Homestead Act of December 29, 1916 (39 Stat., .862). 



3918 



-45- 

( 234 ) FROM SEGREGATION UNDER THE CAREY ACT. 

IDAHO* 

3154*56 acres of land in Minidoka and Cassia Counties, Hailoy land 
district, open to homestead and dosort land entry by ex-service men of the 
'.Torld 'Jar beginning March 16, 192?, at A.M. Filings nay be presented 
during the twenty days prior to that date. Any lands that remain unentered 
will bo open to homestead entry only by the general public from June 15, 
1922 to July 5, 1922, inclusive, and filings nay be presented within the 
twenty-day period prior to Juno 15, 1922. On and after July 6, 1922, any 
remaining lands will be subject to general disposal, that is, to 
appropriation under any applicable public land law by the general public. 
The lands are released from Carey Act segregation application and available 
information indicates that without irrigation they have very little 
faminr; or ^razing valun, it is thought possible, however, that some of 
these lands nay be irrigated from a pumping system in the vicinity* 
(235) 
NK7 MEXICO : 

Cn February 14, 1922, the Secretary of the Interior ordered the 
restoration to entry of 55,000 acres of land near Deming, Now Mfexico. This 
land was formerly withdrawn for artillery practice:, and, being no longer 
needed, is restored to entry under the Homestead and Desert Land Laws. For 
ninety days, from April 10 to July 8, 1922, the lands will be subject to 
entry only under the homestead laiws by ex-service men of the 'Jar with 
Germany. The lands will be disposed of through the local land office at 
Las Cruces, New Mexico. 



-46- 



(235*) 

RESTORATION FROM RECLAMATION •nTHDIUffiTAL- 

CALIFORNIA: 

About 1,000 "acres in Alpine County, Sacramento land district, 
all in T. 11 N.,. -R.- '20 E-, open to homestead o.nd desert -land, entry, 
beginning March 17, 1922,; for a period of 91 days to ex-service men of 
the ;ro rid 7a"r, subject, however, to valid prior settlement and 
preference rights; filings may be presented during the twenty days 
preceding that date or from February 25' to. H arch 15/, 1922,. inclusive. 
Any land remaining unentered after the expiration of the 91-day period, 
that is, beginning Juno 16, 1922, wiH"'b'e" open to settlement and all 
forms of entry and selection by the general public* The lands are 
near'the boundary line of the State with Nevada and are in the 
-J7icinity of the town of Harklesville» 

(236) FROM STOCK DRIVEWAY ;7ITHDRA7AL* 

MONTANA; 

Approximately 14,000 acres, of which ap proximately 7,000 are 
surveyed, in Custer County, Miles City land district, released from 
stock driveway withdrawal* All lands aro under withdrawal for coal 
classification .and, whore surveyed, arc open to surface homestead and 
desert -land entry only by qualified ex-servicemen of the -jar with 
Germany for a period of 91 days, from March 14 to June 12, 1922, 
inclusive* Filings may be presented at any facie" during the twenty- 
days prior to March 14, 1922, commencing February 22* Any of said 
surveyed lands remaining unentered will be opon to surface homestead 
entry only by any qualified cntryman from June "13 to June 19, 1922, 
inclusive* And on and after Juno 20, 1922,' any of the roloased lands 
remaining unentered will be open to appropriation' under any public 
land lav/ applicable thoroto by the general public* Available 
information indicates that the land is grazing in character* 

(236) FROM SEGREGATION UNDER THE CAREY ACT, 

TICKING- : 

19^063*23 acres of land in Lincoln County, " Evans ton land 
district, opened to homestead and desert land entry by ex-service men 
of the '.Torld ;/ar, bo ainnin-; on March 29, 1922, at 9 bun* Filings may 
be presented during the twenty days prior to. that date. Any lands 
that remain unentered will be opened. . to 'homestead entry only by the 
general public from June 28, 1922, to' July 18, 1922," inclusive, .and 
filings may be presented within the 20-day period prior to June 28,1922, 



-47' 



On rnd after July 19, 1922, any remaining lends will bo subject to 
general disposal, that is, to appropriation under any applicable public 
land lew by the general public. These lands Ire restored from Carey Act 
segregation and are located in the valley of the Snake River in what is 
commonly known as "Jackson Hole", and are desert in character, being 
chiefly valuable for grazing purposes except when irrigated* 

PUBLIC SALE, ACTS FEBRUARY 2, 19 11, AND MAY 20, 1920. 

.On April 1, 1922, at the c<juth front door of the U. S. Reclamation 
Service office at Mitchell], Nebraska, at 2 P.M., or at any publicly 
announced continuation thereof, Andrew Weiss, Project Manager of the 
North Platte Reclamation Project will, under the Acts of February 2, 
1911 (36 Stat., 89 5), and May 20, 1920 ( 4l Stat., 605), offer for sale 
at public outcry to the highest bidder at not less than the appraised 
price the following-mentioned camp sites with the improvements thereon 
within the North Platte Irrigation Project. 

Wyoming and Nebraska: 



!! 



Name * 

Wyncote 
Dutch Flats 
Sun Flower 
Wild Korse 
Red Willow 
London Flat! 



Acreage. 



-CO 
60 
80 
100 
80 



I rri gable Acreage*. Appraisement • 



__5 


$2,300.0f 


60 


11,700.00 


57 


5- ? 65Go00 


-72 


6,500*00 


63 


2,200.00 


80 


7,350.00 



The terms of sale are either all cash or not less than one-fifth 
of the total purchase price carh "nd the remainder in not more than four 
equal annual payments with interest at six per cent per annum payable 
annually on the deferred payments on the fii :t day of April each year 
thereafter. Parties are warned under penalty mentioned in Sec 59 of 
the Criminal Code of the United States against any combination or action 
tending to hinder or embarrass the sale of the camps or to prevent free 
competition between bidders. 

St o c k D r iv ew ay s ♦ 



Since the issuance of the last Bulletin, a snail iddition has 
been made to a driveway withdrawal in Colorado and certain driveways 
in Colorado, Montana and Wyoming have been reduced* The area withdrawn 
during the period is 80 acres, and that released aggregates 15,570 

acres. 



-43- 

Forest Boundary Changes* 

By proclamation of February 7 the tracts embraced in the" 
settlements of Craig, Hyder and Tenakee were excluded from the Ton gas's 
National Forest, in Alaska, in order that they may be disposed of under 
the applicable townsite laws* A tract of approximately 4', 600 acres of 
unsurvoyed lands' was also excluded and the public lands therein restored 
subjetrfc to the preference accorded ex-service men by Public Resolution 
No, 36 of January 21, 1922. By Executive Order of February 24, a small 
exclusion of land from the Jefferson National Forest was effected, 
involving 480 acres in Montana in which there were no unappropriated lands* 

INDIAN^LOT IvIENT ON P UBLIC LA MD-CQAL RESERVATION. 

January 31, 1922, the Department decided against the claim of P.' H. 
Head, to allotments of public lands in New Mexico, which have been withdrawn 
as coal, for himself and for a number of minor children, under the fourth 
section of the general allotment act. The Indian attempted to obtain 
valuable coal lands without the reservation of the coal to the United States, 
under the Act of March 3, 1909, claiming that his application filed June 
14, 1909, constituted a vested right, and that his right to the coal in the 
land' applied for was recognised by the act of March 3, 1909 (35 Stat*, 
I Si ,"''3 ) * 

The Department held that the said act did not apply to public 
domain allotments, end that no vested rights were obtained by the filing 
of his applications; distinction being drawn between such allotments and 
those on a reservation wherein ouch claim to a vested right might be 
recognized* 

O REGON AND CALIFORNIA LAND GR ANT. 

The act of June 9 , 1916 (39 Stat*, 218) , provided for the revest- 
ment in the United States of the lands granted to the Oregon and California 
Railroad Company remaining unsold July i, 19 13, the United States to pay 
the company 02.50 per acre for the lands thus restored to the Government, 
and directed the institution of a suit in equity, in which the amounts 
received by the railroad company, in the" , disjMLSition of the lands 
included within its grant, should be taken into consideration, in 
determining how much it was to receive for the revested land's taken over 
by the United States, as well as for the determination of other ^astions 
of relative obligations between the United States and the c^^r^-ri, growing 
out of the grant and the revestment of the unsold lands in the 'United 
States. 

TheSuit in equity thus directed by the act of Congress was timely 
instituted in the United States District Court for the District of Oregon 
and has been set down for hearing for the first Monday in next May.- 



-49 



OFFICIAL, FORMS I N ?:,'3 LIC LAND PROC ED URE. 

Special attention is directed to Circular No. 807 dated February 
9 j 1922, relative to new forms for use in submitting final proof on 
stock raising homesteads. In the fourth paragraph 'of this circular notice 
is given that hereafter official forms of affidavits, applications,' 
proofs, etc., will not be furnished to agents, attorneys, proof" taking 
officers or others except as samples that may bo supplied fur printing. 
Any actual applicant or claimant of public land upon his request will., 
however, be entitled to receive a 'form which he may require for his 
personal use* It is notbelieved that economy or good administration 
justifies the Department in the public at ion_of_ forms for the general use 
of proof- taking officers and practitioners in the land service. 



NE7 LEGISLATION- 



Public No- l32-67th Congress. 
S»2133. 
An Act Adding lands tothe State of Texas and ceding jurisdiction to the 
State of Texas over certain lands or banco s heretofore or hereafter 
acquired by the United States of America from the United States of Mexicoi 

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA IN CONGRESS ASSEMELED, That all the lands or ban cos 
acquired by the Government of the United States of America by virtue of 
its treaty with the United States of Mexico of March 20, 1905, and 
subsequent thereto , and which lie adjacent to the territory of the State 
of Texas as constituted by the ' compromise act of Congress of September 
9, 1350, and accepted by the State of Texas on November 25, 1850, shall, 
upon the acceptance of this Act by the State of Texas, be and become a 
part of the State of Texas, and shall be under the civil and criminal 
jurisdiction of said' State of Texas; and that all lands or br.ncos 
hereafter acquired by the United States of America from the United States 
of Mexico, by virtue of said treaty, which shall lie adjoining to the 
State of Texas, shall be and become part of said State of Texas and be 
subject to its civil and criminal jurisdiction without any further 
enactment by the Congress of the United States. 
Approved, January 27, 1922. 

Public No. l:33~57th Congress. 
H.R. 6262. 
An Act To add certain lands to Mt. McKinlcy National Park, Alaska. 

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA IN CONGRESS ASSEMBLED, That the south, east, and 
north boundaries of the" 1ft • McKinley National Park are hereby 
changed as follows: Beginning at the summit of Mount Russell, which 
is the present southwest corner of the park; thence in a northeasterly 
direction one hundred miles,moro or less, to a point on the one hundred 
and forty-ninth meridian, which is twenty-five miles south of a point 



-50- 

duo east of the upper northwest corner of the park; thence north along 
the one hundred and' forty-ninth meridian 'twenty-five miles; thence west 
forty miles, more or less, to the present upper northwest corner of 
Mt. McKinley National Park, And all these lands lying between the 
above-described boundary and the present south, east, and north 
boundaries are hereby reserved and withdrawn from settlement, 
occupmcy, or disposal, and under the laws of the United States 
said lands are hereby made a pert of and included in the Mt oMcjCinley 
National Park; and. all the provisions of the Act to establish 
Mfc. McKinley National Park, Alaska, and for other purposes, approved 
February 26, 1917, are hereby made applicable to and extended over 
lands hereby added to the park* 
Approved, January 30, 19 22- 

ADMISSION TO THE EAR. 

Miss Lura E. Headle>of the General Land Of fiCe, a/g£a&aafce of 
Washington College of Lew, was admitted to practice before the Supreme 
Court of the District of Columbia on February 13th, and before the 
District Court of Appeals on February 14th. 



-51- 

CONSO LI DATED WORK REPORT OF LOC&.LAND OFFICES FOR MONTH OF JANUARY, 

1922. 



OFFICES 



END 


LAST MONTH 


RECEIVED 
AND 


END THIS 
Pend-:Sus- 


MONTH 


Pend- 


Sus- :Jf*end*" 


IP! :. i- 


ing 


pend- :ir,g un- 


DISFOSED 


ing :pen- 


:ing 


desig- 
na- 


od re-: acted on 
jected:by 


OF 


des- :ded 
igna-: rejec- 


:un* 


Rec*d:?rv-nr,- 


•: acted 


tion 


other-: R fc R 


In : mit * d 


tion :ted 


con oy 




wis© : 


this :to 


:other 


:R & R 






month: GLO 


:wise 


: 






: this 










: month 







Alabama 

Montgomery 
Alaska' 

Fairbanks ( a) 
Juneau 
Nome ( a) 
Arizona 

Phoenix ( a) 
Arkansas 
Camden 
Harrison 
Little Rock 
California 
El Centro 
Eureka 
Independence 
Los Angeles 
Sacramento 
San Francisco 
Susc.nville 
"Visalia 
Colorado" 
Del Norte 
Denver 
Durango 

Glenwood Spring: 
Hugo 
Lamar 
Leadville 
Montrose 
Pueblo 
Sterling 
Florida 

Gainesville 





29 : 




169 : 


' " 


13 : 




39 : 


: 2 


107 : 


: -t- 


18 : 


: 46 


-3 : 


: 55 


68 : 


: 53 


174 : 


: 113 


74 : 


: 112 


87 : 


: 127 


23 : 


: 31 


92 : 


: - 


82 : 


: 27 6 


49 : 


: 115 


47 : 


: 529 


. 317 : 


: 9 


• 13 : 


: 1-15 


: 77 : 


: 62 


40 : 


: 282 


105 : 


: 537 


312 : 


: 22 


41 : 




: 19 : 



33 



0\ 



20 

74 
58 

28 
15 
49 
1<7- 
96 
9 5 
$Q 
60 

27 
121 

78 

191 

1 

■72 

32 
130 
253 

34 

72 



34 



82 



20 
71 
53 

26 
15 

48 
172 

108 
9-5 
65 
99 

23 
120 

98 

238 

3 

100 

"32 
160 
414 

44 

65 





28 : 




178 : 




14 : 




25 : 


'. 2 


112 : 


: ?r 


. 20 : 


: 46 


3 •' 


: 54 


70 : 


: 54 


148 : 


: 117 


. 58 : 


: li* 


: 80 : 


: 69 


: 44 : 


: 25 


59 : 


: 83 




: 278 


: 48 : 


: 104 


: 38 : 


: 579 


: 220 : 


: 9 


11 : 


: 10-8 


56 : 


: 52 


: 41 : 


: 279 


: 78 : 


: 455 


: 233 : 


: 22 


: 31 : 


: 16 


1C : 



18 



■52- 



Idaho 

Bin ck foot 

Boise 

Coeur d f Al e ne 

H alley 

Lewi st on 
Kansas 

Topeka 
Louisiana 

Baton Rouge 
Michigan 

Marquette 
Minnesota 

Cass Lake 

Crookston (a) 

Duluth 
Mississippi 

Jackson 
Missouri 

Springfield 
Montana 

Billings 

Bo zeman 

Glasgow 

Great Falls 

Havre 

Helena 

Kali spell 

Lewi st own 

Miles City 

Missoula 
Nebraska 
Alliance 
Broken Bow 

' Lincoln 

Nevada 
Carson City 
Elko 
New Mexico 

Clayton 

Ft . Sumner 

Las Cruces 

Ro swell 

Santa Fe 

Tucumcari 
North Dakota 

Bismarck 

Dickinson 

Minot 

Williston 



: 387 . 


17-7 : 


: 200 : 


262 : 


: 3 : 


22 : 


: 186 : 


73 : 


: 14 : 


22 : 


: 27 : 


8 : 




47 : 




12 : 




31 : 




33 : 




8 : 


: 54 : 


149 : 


: 168 : 


l£-4 : 


: 281 . 


160 : 


: 48 : 


73 : 


: 19 5 : 


131 : 


: 272 : 


144 : 


: - 7 . 


■ 7 : 


: 610 


69 : 


: 313- 


278 : 


: 46 


15 : 


: 56 


17 : 


: 28 


3 : 


: 3 


5 : 


: 42 


104 : 


: 63 


82 : 


: 106 


54 : 


: 255 


; 185 : 


: 118 


• 216 : 


: 244 


. 219 : 


: 256 


: 350 : 


: 43 


: 20 : 


: ~8 


: 25 : 


: 63 


: 53- : 


7 


: 76 : 


: 19 


: 22 : 



18 



; — 








: 64 


127 : 


301 


19 8 : 


: 109 


202 


180 : 


189 : 


: 25 


2-4 . 


3 : 


23 : 


: 33 


67 : 


135 : 


90 : 


: l* : 


21 . 


18 : 


14 : 


: 23 : 


23 


28 : 


12 : 


: 29 : 


41 : 




53 : 


': 13 : 


14 ': 


1 : 


10 : 


: 24 


25 : 




30 : 


: 31 . 


30 : 




34 : 


: 20 : 


24 




5 : 


: 3 : 


3 






: 107- 


87 : 


72 


151 : 


: 25 J 


58 


145 


115 : 


: 105 : 


ld8 


284 


154 : 


: -6-5 


67 . 


47 


72- : 


: 64 


: 144 : 


120 . 


125 : 


75 • . 


76 


278 


137 : 


: 18 


18 


3 


1-1 : 


: 114 


181 


551 


61 : 


: 570 


318 : 


558 


285 : 


: 39 . 


51 


35 


14 : 


: 19- 


24 


57 


11 : 


5 


3 : 


29 


5 : 


: 3 


4 


3 


4 : 


: 54 


65 


•41 


94 : 


: 18 


53 


62 


48 : 


: 64 


61 


106 


: 57 : 


: 1S-2 


: 189 


232- 


: 141 : 


: 162 


: 19/7 


126 


174 : 


: 220 


: 267 


. 272 


144 : 


: 418' 


. 439 


. 296- 


287 : 


: 48 


! 47 


46 


: 18 : 


: 7 


: 11 


: ~8 


: 21 : 


: 12 


: -19 


: 65 


: 44 : 


: 13 


: 67 


: 7 


: 22 : 


: 15 


: 6 


: 19 


: 24 : 



*53« 



Oklahoma 

Guthrio 
Oregon 

Burns 

La Grande 

Lakeview 

Portland 

Ro seburg 

The Dalles 

Vale 
South Dakota 

Bellefourche 

Gregory 

Lemmon 

Pierre 

Rapid City 

Timber Lake 
Utah 

Salt Lake 

Vernal 
Washington 

Seattle 

Spokane 

Vancouver 

Walla Walla 

Waterville 

Yakima 

Wisconsin 

Wausau 
Wyoming 

Buffalo 

Cheyenne 

Douglas 

Evan st on 

Lander 

Newcastle 



City 



: 43 


25 : 


: 82 


26 : 


: 175 


139 : 


: 60 


44 : 




5 : 


: 4 


28 : 


: 444 


41 : 


: 83 


93 : 


: 24 


38 : 


: 13 




: 75 


30 : 


: 75 : 


43 : 


: 118 


102 : 


: 47 , 


60 : 


: 825 


357 : 


: 40 


24 : 


: — 


12 : 


: 66 


30 : 


: 4 


11 : 


: 41 


-12 : 


: 205 


60 : 


: 22. 


n 




3 : 


: 172 


123 : 


: 570 


333 : 


: 252 


272 : 


: 164 


. 201 : 


: 144 


60 : 


: 305 


161 : 



52 



ro 



99 

165 

147 

3-1 

68 

106 



61 



23 


21 


29 


7 5 


29 


33 


49 


42 


59 


61 


81 


129- 


35 


33 


45 


52 


5 


4 


14 


19 


24 


24 


81 


113 


48 


52 


29 


29 i 


22 


26 


19 


15 


25 


28 


10 


10 


... g 


13 


•: ao 


85 


12 


10 



: 46 


21 : 


: 82 s 


28 : 


: 176 


91 : 


61 


39 : 




1* : 


: -4 


26 : 


: '403 


32 : 


: 84 : 


89 : 


: 25 i 


30 : 


: 13 : 


1 : 


: 77 


23 : 


79 


40 : 


: 119 


69 : 


: 48 


55 : 


: 842 


339 : 


: 40 


20 : 


— 


16 : 


: 66 


27..: 


4 


11 : 


42 


6 : 


: 155 


55 : 


: 25 


7 : 




2 : 


: 1-64 


: 98 : 


: 668 


. 240 : 


: 203 


: 224 : 


: 153 


: 178 : 


: 149 


: 57 : 


: 29 5 


: 157 : 



TOTAL 



: 10669 : 7 614 



B6 



6189 



132 
160- 

29-6 



120 
7397 : 10646 : 6476 : 



39 



NOTE: (a) No report received from these offices on February 27, 1922* 



•54- 

PPE3I D3NTIAL APflEkNTMENTS « 

Charles WW "Miller of Kansas,' to be Register of the' Land Office at" 
Topcka, Kansas, for four years from March '21, 1922, upon cohs©lidation 
of office' of Register and Receiver at that date. Coilffliission da+ed 
February 0, 1922. 

Harry B,: Drum of Billings, Montana, to be Receiver of Public Moneys at" 
in ?S V1Ce Henry Clay Provins c, resigned. Cocanission dated February 

Isidore- A r mij _ of Santa Fe, New Mexico, to be Receiver of Public Moneys 

iqoo nt r Fe * V1 ° e Juan N «' vi S i]L » whose term expired February Is, 
1922. Commission dated February 9., 1922* 

RobertJ^Go^rn of Kalispeli, Montana, to be Register of the Land 
ui nee at Kalispeli, f or f 0Ur y e a rS from March 27 l3 p; 2 u n 

Co^i^f^^ ° ffiC0S of Re S i3 ter and Receiver at that date. 
Commission dated February 2, 1922. 

Ch^les^Smith of Colorado, to be Receiver of Public" Moneys at 
1R ?!?? C °p 0r: - d0 ' vic ~ Geo ^Se Weaver, whoso term expired February 
IB, 1922,, Commission dated February 2, 1922. 

^nderson_of Bismarck," North Dakota, to be Register of the Land 



Otto E- 



"«i n Pia0e from " pril l0 > 1922 > when the offices of Register 

undor e L G1 ? + r - are n C ° nS0lidatGd c;nd the offic * of R^eiver is abolished 
under Executive Order of February 6, 1922, vice Charles Giitchha, 
register and James E. Campbell, Receiver. Commission dated February 13, 

Kt^inof'^ g- ° f . M + inot » North Dalcota,to be Register of the Land Office 
the TfAr ^ A D k ° ta> f ° r f0Ur yoar3 fron A ? ril 25 > ^22, when 
of ZZlt R JSioter and Receiver are consolidated and the office 

vice wnllL n.i ^ ° h6d UnlSr ^ ecutiv e Order of February 2 1, 1922, 
^^^^^^^^^^ '■ ^h.roer, Receiver. 

C^^iTTarS^^ 01 °/ CC " dCn ' A ^ ao > to be Register of the Land 
offices of Rogist:^^ ^^ 7earS fr ° a MarCh 1j 1922 ' Whca - the 
abolished undo tocS K ^/^ *™ consolidated and the Receiver is 
M. Tribble P^ist "I'. rd ° r ° f JanUa *' y 17 ' ly22 ' vicc Benjamin 

February 22 1I22 *** ° G " r ? "* G ° rd ° n > Reiver. Commission dated 



-55- 

JamesW- Grubbs of Newport, Arkansas, to be Receiver of Public Moneys 
at Little Rock, Arkansas, vic e Benjamin F. 3pires, resigned. 
Coiramr.m.on dated February 22, 1922. 

WH^Wfr p' w tle R ° Ck ' Arkan9as > + '° b * ^Wer of the Land 
rJl t e Rock > A ^nsas, vice Homer V. Sewell, resigned. 

Commission dated February 22, 1C22* 



TELL THE BULLETIN, 
To all Local Offices and vm S^^^^^^ 

If anything occurs, in the. public land service, which you think 
is of administrative value, tell us about it. Address all communications 
to the Commissioner of the General Land Office, "Land 3 er vice Bulletin." 
All information should be received not later than the 24th of each month 
for use in the current number. 



3972 



Ihm 






Ly direction of the Secretary of the Interior the matter con- 
tained herein is" published as administrative information and 
is required for the proper transaction of the public business. 



Vol. 



April 1, 1922, 



lTo.2, 



' CIVIL LIABILITY FOR FRAUDuTSNT ACQUISITION OF PUBLIC LANDS. 

That the United States is not barred from recovering 
damages for the fraudulent procurement of patents for its 
public lands, even though the proofs offered in support of the 
entries show failure to comply with the law in the way of 
residence, is the holding of the Supreme Court of the United 
States in the case of V/illard N. Jones, plaintiff in error, ?. 
The United States, decided February 27, 1922. 

The Government brought suit to recover the valiB of 
certain lands in the forme r Siletz Indian Reservation, in Oregon, 
charging that the defendant, Jones, procured a number of old 
soldiers to make homestead entries of the Lands under contracts 
with him whereby he would ultimately get the title.- The 
defendant admitted the contracts, denying all fraud, and set up 
that the final proofs of the entrymen disclosed that they had not 
resided on the lands for the period required by the law, and 
contended that the issuance of the patents by the United States 
with knowledge of these facts was due to a mistake of law, for 
which he could not be held liable. When the final homestead 
proofs in these cases were filed, it was supposed that credit 
would be allowed for military service in lieu of residence, as 
in other homestead cases, but later the law was construed as not 
allowing such credit. The homestead proofs showed at least one 
year of residence, but the evidence in the suit proved that not 
even that period of residence was maintained. The court said: 



"The judgment 
by the Circuit C 
The first questi 
the knowledge at 
the entrymen had 
is a bar to a re 
Court of Appeals 
If the defendant 
representations 



of the District Court was affirmed 
ourt of Appeals, 265 Fed. Rep. 235, 
on argued, there, as here, was whether 
tri but able to the United States that 

not been upon the land three years 
covery. We agree with the Circuit 

that it is not necessarily a bar. 

is responsible for fraudulent 
of intent to establish a residence and 



-2- ' 
to fulfil in good faith the other requirements for a homestead, 
and those representations induced the issue of the patents, 
knowledge of another fact that also would have prevented the 
issue but for a mistake of law does not take the right 
to recover away. We can see no reason why failure through 
ignorance of law to insist upon an independent ground for 
refusal should deprive a party to a bargain of its rights upon 
other grounds, or of its right to require good faith in regard 
to them. An express' waiver would have no such effect* 

"The defendant presents the case as if the only 
fraudulent representations charged were that the entrymen had 
been upon the land for a ye ar or year and a half whereas in 
fact they were there much less, and then presses the argument 
that the falsity of such statements was immaterial because 
the statement as made disclosed the entrymen's want of right* 
But as we have implied, the charge of the Government goes much 
farther, and if the evidence as a whole tended to show the fraud 
that was charged, perjury as to the duration of residence would 
be a fact to be considered, especially if the time of residence 
fixed in the affidavits satisfied what everyone then thought 
were the requirements of the law." 

The judgment of the Circuit Court of Appeals, affirming 
the -judgment of the United States District Court, for the sum of 
$18,204.00, in favor of the Government, was affirmed. This' 
judicial recognition of civil liability that may be incurred 
where good faith in all essentials is not observed in the 
acquisition of public lands, is a noteworthy decision in the 
interests of the public service. 

SURVEY NOTES. 

Mr. Frank M. Johnson, Supervisor of Surveys, who has 
been in conference with the Coo lis si oner and other officials of 
the General Land Office for some weeks past, left Washington, 
D.C, for his Denver office on March 26, 1922. All matters of 
general importance' concerning the execution of the public land. 
surveys in" the fifteen surveying districts, including the Eastern 
District, Nebraska and Alaska, were thoroughly considered, and 
disposed of, and in addition thereto a tentative allotment of 
the forthcoming appropriation for surveying the public lands 
was worked out on the basis of the existing demands for surveys 
in the various districts. 

Mr. S. W. Gooddale, Detailed Law Examiner, who arrived 
with Mr. Johnson, left at an earlier date. 

Injuries to Fiel d Employees : 

Injuries to field employees of the Cadastral Engineering 
Service such as come within the provisions of the United States 
Employees Compensation Act, are continuing at the rate of one a 
month. This month it -as the duty of the office to report^to the ^ 
United 'States Employees Compensation Commission that Mr, Waiter 
Thomas,' First Chainman for D. R. Averill, United States Surveyor, 
suffered a broken collarbone and painful bruises to his left 
shoulder and arm from a falling rock, while engaged upon work unaer 



Group No. 72, Arizona; February 3, 1922. Mr. Frank II. Johnson, 
Supervisor of Surveys, In reporting this case quotes Mr. A. C. 
Horton, Jr., Assistant Supervisor of Surveys, as stating that 
the accident happened at a point about 100 miles from the 
nearest doctor. Because of the wretched condition of the trails 
and roads which were either a mush of mud or a jumble of ruts, 
four" days were consumed in reaching the doctor at St. George, 
Utah, the nearest settlement. The thermometer registered 24 
degrees "below zero the third morning of the travel near Wolf 
Kole, Arizona. During the four days and nights of discomfort 
Mr. Thomas displayed remarkable fortitude. He is yet under the 
doctor's care at St. George, Utah. 

Townsite of Ketchikan, Al aska. 

During the past month the surveys of two additions to the 
Townsite of Ketchikan, situated on Revillagigedo Is land, Alaska, 
have been accepted and the plats are now being reproduced by 
lithography preparatory to the disposal of the lands by the 
Townsite Trustee, Mr. George A. Parks, Chief of Field Division. 
These two additions are known as the Southeast Addition, Survey 
No. 1381, and Charcoal Point Addition, Survey No, 1376, and add 
to the original townsite over 193 acres, making a total of 260 
odd acres now subdivided at this locality for townsite purposes. 
The townsite is not only the southernmost of importance in Alaska 
but is /fact becoming one of the largest and most import art of the 
Te rritory. 

As s i s t an t S upe r vi s o r of S ur ve ys f o r Ne w lie xi c o . 

Cn March 17, 1922, Mr. Guy P.. Harrington was appointed 
Assistant Supervisor of Surveys for' the surveying district of 
New Mexico, effective April 6, 1922, to fill the vacancy created 
by the resignation of Mr. Alonzo E. Compton. Mr. Harrington 
entered the surveying service on May 1, 19G9, and for a number 
of years past has been actively identified with the New Mexico 
District. 

Manuscript for Ephemeris . 

The manuscript for the 1922 edition of the General Land 
Office Ephemeris was completed March 25 and forwarded to the 
Engraving Division of the Geological Survey for photo lithograph- 
ing and printing. Two thousand copies will be issued for 
distribution through the various field offices of the Surveying 
Service. A number of other federal bureaus engaged in surveying 
and mapping activities will secure a supply of the same edition 
by requisition filed with the Geological Survey. 

It has been the practice to have the Ephemeris ready 
for distribution by December 1st preceding the year covered by 
the tables, but the pressure of other work delayed the completion 
of the necessary computations and tabulations, for the current 
issue. An advanced edition covering the months of January, 
February, March, and April was sent out in December to supply 
i mme di at e de m an ds . 



Re surveys in Montana, 

This office has just received from the Surveyor General 
for Montana the returns of the dependent re survey of eight 
townships executed by Engineers William R. Bandy, E.'W. Eaton, 
William E. Hiester, Ernest Parker and Walter H. Good, under 
Group No. 174', Lion tana. 

The land re surveyed under this group lies in the 
agricultural section of central Montana, in Garfield County, 
adjacent to the Cat Creek oil field, the principal producing 
oil field of Montana. The land "being within the indemnity 
limits of the Northern Pacific Railway Company T s grant, a portion 
of the cost of the re survey was paid by the company. 

The obliteration of the corners of the original survey was 
very extensive; in only two of the townships were any interior 
corners found. Several original township corners were found, 
but, in two instances it was necessary to reestablish lost 
township corners by double proportionate measurement between the 
nearest existing original corners, which proved to be eighteen 
miles apart longitudinally, and twelve miles apart latit udinally. 
The interior corners that were identified proved to be irrelated 
to the corresponding corners on the exteriors, indicating that the 
subdi visional survey was made more or less independently of the 
positions of the corners on the exteriors, therefore, considerable 
confusion existed among the claimants as to the true positions 
of their claim 'boundaries . 

The fact that Q&fo of the land is patented presented a 
situation that required considerable study to insure the 
protection of all bona fide rights as required by lav/. 

" The latest approved methods of making restoration resurveys 
were applied to the resurvey of these townships, and the results 
obtained are expected to be satisfactory:,, It is observe d_ that no 
metes and bounds surveys we're necessary, and that the claimants 
are reported to be satisfied with the positions of their holdings 
as defined by the restored lines of the original survey. The 
returns of the resurvey will be taken up for final examination 
by this office without delay* 

Pe t ai le d Sxami ne rs . 

narks 
The last day of March/ the termination of the detail of 
four of the cadastral engineers who joined the regular course 
of examiners of returns of surveys and resurveys in the division 
of surveys about the last of De cember, 1921. The purpose for 
which the detail was made, that of assisting to bring up the 
arrears of work in Division "E " was fully and satisfactorily 
accomplished. In' former years, 7/hen such detailed engineers 
came in to assist, the surveying season came on in the following 
spring before the arrears were quite wiped out. This year the 
work is current for the first time in a decade and the services 
of these field men are now available in ample time to begin the 
spring season of survey operations. 



-5- 

Accepted purveys. 

The record of accepted surveys and re surveys which was 
passed upon by the survey division during the month of March, 
1922 3 shows an area of 544,060 acres. This involved the 
scrutiny of 101 original township plats. In the same division 
there were also 46 plats containing no addition to the public 
domain examined and approved* 

NATIONAL FOREST SURVEYS. 

The work connected with homestead entry surveys of the 
national forests is now practically up to date, Since the first 
of the year, the returns of 9? surveys were examined and have 
received final action. The returns for 32 surveys are now under 
examination, nearly all are returns received this year. There 
has been issued, examined, and approved by the General Land Office 
special instructions for 44 new forest surveys. 

By circular dated December 16, 1921, the Commissioner 
held that the special instructions for entry surveys could be 
canceled only by. this office , bas;ed upon a recommendation by 
the proper Surveyor General, concurred in by the Forest Service. 
This action resulted in the formal cancellation of instructions 
for a number of surveys, thus removing the uncertainity as to 
their status theretofore existing, which had resulted from the 
execution of a number of entry surveys after the instructions 
therefor apparently had been canceled. 

notes fro:: the field service. 



S umme r As s i gnme nt s . 

The following transfers are made for the ensuing 
summer season: 

Special Agent Peter Yvedvig, from the southern division 
to Helena. 

Special Agent W. M. Gilcrest, from Santa Fe to Denver. 

Special Agent H. A. Voris , ' f rom S anta Fe to Helena, 

Special 'Agent' F. A. v/egner, from. San Francisco to 
Shreveport, Louisiana, as witness in oil suits in United States 
Court; thence to Cheyenne for permanent duty. 

Mineral Examiner H. w. L.acFarren, from General Land 
Office to Shreveport, Louisiana, as witness in oil suits in 
United States Court; thence to return temporarily to the General 
Land Office before leaving for Cheyenne for permanent duty. 

' Special Agent W. 3. Towner, formerly of the Santa Fc 
Division, employed for the winter in the oil section of the 
General Land Office, transferred to latter office permanently as 
law examiner. 

Special Agent R. C. Miller, from Southern Division, 
to Helena. 



i Special Agent C. R. Bradshaw, from Santa Fe to Salt Lake 

City. 

Special Agent E. J. Hilton, from Cheyenne to Salt Lake City, 

Special Agent F. P. Farley, from Santa Fe to Cheyenne. 

Special Agent T. P. GaTvey, from Santa Fe to Helena. 

Special Agent L. B. Kimble, from Santa Fe to Helena, 

Mineral Examiner R. A. Holley, f rom S an Francisco to 

Helena„ 

Special Agent R. R. Duncan, from temporary duty at Denver 

to S anta Fe , 



Appointment. 

Jerome B. Pope, LCinco, Oklahoma, appointed special agent 
March 17, 1922, and assigned to Santa Fe division. 

From Por t land. 

On Tuesday, February 2c, 1922, Mrs. Florence Underwood, 
vdfe of Special Agent Leonard Underwood of this division, died 
at the Good Samaritan Hospital at Portland, ■ Oregon. The funeral 
was held here on the afternoon of March 3rd, with interment at 
the River view Cemetery, Portland. Mrs. Underwood leaves "besides 
her husband, three sons, the eldest being thirteen years of age. 

F rom Jackson. 

•The civil case of the United States against George A. 
Smith, was a suit brought to cancel a patent for a homestead 
involving a quarter section of land in Sec. 34. T. 12 S. , R. 
17 W., in the northwest township of Van Burenr County, Arkansas, 
The case was tried at Little Rock, Arkansas, March It, 1922, 
before Federal Judge Jacob Trieber of the United States District 
Court for the eastern district of Arkansas resulting in a 
judgment in favor of the United States. 

F rom Salt Lake City. 

The Federal Service Club, of Salt Lake City, has been 
organized,, It is, in reality, a rehabilitation of the old 
Federal Field Club.' which had a vogue before the World War 
demanded the undivided attention of its membership. 

The purpose of the Club is the development of 
acquaintanceship among Federal rer>resentati ves having headquarters 
in Salt Lake City, leading to a better mutual understanding of 
the purposes, spheres and accomplishments of the various branches, 
and the personnel thereof, to the end that the public may be 
served more efficiently and more effectively and that the relations 
between Federal representatives and the public may be founded on 
a better understanding and closer sympathy. 



The Club is made up of representatives of all 
departments, "bureaus and divisions and its membership roll dis- 
closes that there are forty separate Federal offices in Salt 
Lake City, not to mention the army headquarters at Fort Douglas. 

The officers of the Club are as follows: 

President Dr. F. S. Murray, Bureau Animal Ind. 

Vi ce -Pre si de nt . . J. Ce c i 1 Alte r , Y.e athe r Sure au. 
Secretary-treasurer.R. A. Hart, Division Agr. Engineering. 
Members Executive Com, .A. B. Purton, U.3.G.S., 

Dr. C. A. Broaddus, Veterans' 

Bure au. 

Meetings are held on the second and fourth Saturdays of 
each month, at the Newhouse Hotel. Luncheons are followed by 
business meetings at each of which an address is given by a 
member or by some distinguished visitor* 

GOOD WORK IF THE PUBLIC LANDS DIVISION. 

Late reports from the Public Lands Division show the 
good effects of the steady pull and special efforts made to 
bring up the arrearages that through various reasons had 
accumulated. Today homestead final proofs , applications for 
second homesteads, sales of is olated~ tracts , as well as the 
miscellaneous correspondence relating to this line of work are 
current, while special attention' is being given to appeals, 
original entries, and amendments, which it is hoped will soon 
be brought up to date. 

S UGGSS TI ONS T HOLES TE ADE RS . 
Circular No. 541. 
A' new edition of this circular, brought down to' January 
16, 1922, is now obtainable at the General Land Office, 
Washington, D.C. 

S.0LPISR3 MD SAILORS HOMESTEAD 
RIGHTS . 
Circular Uo, 302. 

Under date of February 18, 1922, a revision of the 
regulations of February 23, 1914, numbered Circular 302, is now 
obtainable at the General Land Office; it occupies too much 
space for reproduction in the Bulletin. 



CrrcularjTo. 812. 

JEPARTMEFT CF THE I FIERI OR 
General Land Office 
Washington 

February 24,1922. 

AC C UN TS : Be p o s i ti ng mo ne y s . 

Receivers of Public Moneys. 

S i rs : 

Beginning with the fiscal year 1921, the expenses 
of depositing public moneys is provided for under the title 
"Contingent Expenses of Land Offices," wherein no provision 
is made for making such deposits by means of bank exchange 
and in connection with which it is required that no expense 
shall be incurred except upon previous specific authoriza- 
tion by the Commissioner of the General Land Office. 

The Secretary of the Treasury says, concerning a 

land office located in a town in which there is no national 

bank depositary. 

"It "'111, of course, in accordance with the 
provisions of Departmental Circular Fo . 176, be 
necessary for the Receiver of Public Moneys at 
that place to forward all deposits of cash, as 
well as checks and bank drafts, to the Federal 
Reserve Bank of the district in which the Receiver 
is located, or a branch thereof." 

He states, in conclusion, that he knows of no law 
permitting Receivers of Public Moneys to deposit their re- 
ceipts by means of bank exchange, since June 30, 1920. 

Very respectfully, 

JOHN Mc PHAUL, 
Acting Assistant Commissioner. 



(3949' 



Circular No. 813. 



EEPARTMEFT OP THE INTERIOR 
General Land Office 
■ hington 



February 27, 1922. 

Re f e re nee to s e r i al 

numbers to be given 



Re gj r. te rs an d R p co i ve rs . 

Local Land Offices. 
S i rs : 

Hereafter all letters from this v-ffice involving 
one or more cases will bear the serial numbers of such- 
cases at the top thereof. In your reports thereunder you 
will refer to all such serial numbers in the upper left 
hand corner of your letter in order that all related 
cases may be assembled upon receipt of your rencrt in this 
office and properly referred for further action. 

Very respectfully, 
WILLIAM SPRY, 

Commissi oner . 
(3950) 



-10 
Circular No. 814. 



IE PARTI. J, KT 0? TH3 INTERIOR 
General Lard Office 
'•'.'ashing ton 



March 4, 1922. 

Instructions relative to the 
disposal of certain lands in the 
townsites of Fort Madison and 
Bellevue, Iowa. 



To the Mayors of 

Port Madison and Bellevue, Iowa. 
Sirs : 



The 



*ct of August 24, 1921 (Public No. 65), provided: 

"That all lots in the town sites of Port 
Madison and Bellevue, Iowa, not heretofore 
so^dard patented' under the Acts of July 2 

In ^ a ?5o¥ arch 3 ' 1837 (^fth Statutes', pages 
>u and ^78), shall be disposed of and patented 
to tiie uncontested occupants thereof holding 
same by themselves and their predecessors in 
interest, in good faith under claim and color 
^ +< T, ' f nd wh0 sha11 malce amplication for 
?;^; n + C ° r t0 P^chase such lots within one year 
C? 6 Passage of this Act, and who shall 
2itf 3 i +i factor: proof of such occupancy and 

vat°J f i%' BnCi pay therefor the appraised 

value of such lots in case the purchase price 

TbL n ? + ° een Paid t0 the United States Provided, 
bY L;°?V CC Y pied by Public improvements shall 
oe donated and patented to the municipality owning 
such improvements. All lots in said townsites" no! 
so disposed of at the expiration of one year after 

b2L P £- 5? ° f tM3 ACt Sha11 bG Object to private 
^aie at the appraised value thereof, or to " 

vtw titi + v S Sale at not loss tha » the appraised 
T^ir n m discre tion of the Secretary" of the 
± nue ri or ' 



Thi 
th 



fart that i? hlT J aSSe « d t0 meet the s ^uation resulting from 
sued for lot" sol f " l?™ 6 that a numter of certificates of entry 
and lellevue tow, W r PUbllC Sal6S in the townsites of Fort iwadison 
assigrmenL ;ere sho^ t 5 f« d tec ^ no properly authenticated 
lot" by the oriLnaHo^ hav * bee » «i ven to the purchasers of sard 
the 'persons venial * f *l thereof , and for the further reason that 
from P pr tor peters ° *° ^ ^^ t0 Wsh relinquishments 



'1 



-11- 



II 



It also appears that at public sales of some 01 said lots 
certificates were Issued, which cannot now after diligent searcn 
S found which said not beer, followed Toy patent. 

It fur?h.r appears that certain of these lots are now coveree by 
valuable improvements and have been held by the owners of said 
improvements under color of title for many years. V/hile all 01 
said lots could now be made subject to public sale, such action 
would result in great injury to the present occupants 01 sal d lots. 
The act of August 24, 1921, was passed to afford relief and Provide 
for an equitable disposition of said lots. In order to provide for 
the speedy and equitable determination of the claims thereto the 
following regulations are prescribed; 

All persons desiring to assert ^ claim under the ^visions 

Jor^l^ 

Office, Washington, B.C., correctly ^scribing ^ %£ ™ £ 

claim is asserted and setting forth ^y^ 1 ^,^ of title, and 

occupancy, improvements, derivation oi title or c.aim 

any and all other facts that may be material in de termining 

rights of the parties; in other words a c omp .- Le h o ; o ^ 

claim. This application must be under oatn and coi application 

least one witness, in so far as may be P*^£?*™£j ^ recorded 

should be accompanied by an ab st ^ a ^ °* ^ u ^ "^ f urnishe d s otherwise 

transfers or other instri; ments ., wnere s ame can tx, 

addition.?! corroboration may ce necessary, 

' Upon receipt of these aropll cations the Commissioner of the 
"General Land Office will cause -.'notice to be published in a 
newspaper of general" circulation in the vicinity at the expense of 
the applicants for a neriod of four weeks, according to a form which 
will be supplied the purchasers by this office. This notice will 
describe the lots claimed and that all persons claiming adversely 
must file their objections within the period of publication. At the 
expiration of the period of publication, proper proof thereof must 
then be filed in this office. Any persons filing objections 
thereto will mail same direct to the Commissioner of the General 
Land Office, Washington, D.C., and such objection must be under oatn 
and corroborated and a corjy thereof served on' the applicant. In 
the event that no adverse' claims are filed, and payment of the 
appraised value of the said lots is made, in case the purchase nnce 
has not already been paid to the United States, final certificate 
will be issued and if all then be found regular, will be followed 
by patent. The lots occupied by public improvements are to be 
donated to the municipality upon proper application and puoli cation, 
regardless of whether or not prior payment of the appraised value 
has been made. A list of claimants to lots in Bellevue has been 
furnished by the mayor of Bellevue, Iowa, and is as follows: 



•12- 



Lot 279, occupied and assessed to the Railroad 

Company. 

Lots 298 and 299, 300, 301, 334, 335, 336, 
and 337, are occupied by the "Bellevue Public 
Schools . 

Lot 397 is occupied and assessed to Caroline 
Huilman; the abstract of title and other data 
for completing the title to said Lot 597 is in 
the files of this office and will be considered 
upon receipt of application and proof of 
publication made under the terms hereof* 

Lot 465 occupied and assessed to Louis a E. 
Ostert* 

Lots 482 and 492. occupied and assessed to 
B. X. Reiling. 

Lot 486, owned by George Lagatz. All of 
Bellevue, Iowa. 

A Lot No. 494 is found upon the list in this 
office; the mayor of Bellevue states that such lot is not a part 
of the town and he does not find any record thereof. 

A copy cf this circular will be mailed to each of 
the parties above named.. Copies cf this circular will be "mailed 
to any known parties at Fort kadis on v" Iowa, whenever a list contain- 
ing their names is furnished by the mayor. Said list has been 
called for* 

Attention is directed to the proviso to the said 
Act of August 24, 1921, wherein it is' set out that all lots in said 
townsite'not disposed of at the expiration of one year from the date 
of the passage of said act shall be subject to private sale, at the 
appraised value thereof, or to competitive sale at not less than 
the appraised value at the discretion of the Secretary cf the Interior, 

In the event any of said lots remair so undisposed of 
after August 24, 1922, any persons desiring to purchase same may 
communicate with this office. 

Very respectfully, 

WILLI Ak SPRY, 

Commissioner, 



Approved: March 4, 1922, 



E . C. BTHKEY, 

First As s i s t i an t 3 e ere t ary 



3985 



CIRCUIT NO. 615. 

PROOF OF NON-MILITARY AND NON-flAVAL SSKV.uJiJ III CONTESTS AGAINST HOMESTEAD RN7I : .II3. 

Department of the Interior, 

General Loud Office, 
Y/ashington, D.C. 

March 22, 1922. 
Registers and Receivers, 

United States Land Offices* 

Sirs: The act of July 20, 191.7 ( 1-0 Stat-, 248), provides among other things that- 

hereafter no contest shall be initiated on the ground of aban- 
donment, nor allegation of abandonment sustained against any such 
settler, chtryman, or person unless it shall be alleged in the 
preliminary aff idavit or affidavits of contest end proved at the 
hearing xxxxxxx that the alleged absence from the lend was not due 
to his employment in such military or naval service « 

Under the foregoing it is nob only necessary that the contest affidavit 
contain such allegation, but that it must bo proved at a hearing* 

Therefore, if the contestee fails to answer after due service of notice 
of the contests you will fix a date for a hearing for the sole purpose of 
submission of evidence relating to the allegation of non-military and non-naval 
service, giving the pcrties notice thereof by registered moll not less than 20 
days in advance of the date fixed. Notice to the contestee should be addressed 
to his last known address end, if personal service of notice of the contest was 
not made, to the post office nearest the land. 

If the contestee fails to appear at the hearing, the contestant may submit 

affidavits by not less than two persons who have personal knowledge as to 

whether the absence of contestee was due to military or naval service under an 

enlistment antedating March 3, 1921. 

Very respectfully, 

WILLIAM SPRY , 

Commissioner • 
Approved: March 22, '1922, 
E. C. FINNEY, 

First Assistant Secretary* 



4018- 



-14- 

Circular No. 816. 

DEPARTMENT OP THE INTERIOR 
Ge ne r al Land Of f i ce 
Washington 



:arch 23, 1922. 



ACCOUNTS: Notation on expense 
vouchers under heading "Paid by 
S. D. A." 



Chiefs of Pie Id Divisions and 

Special Disbursing Agents. 

Sirs : 

Pie Id employees who certify automobile or livery vouchers 
for payment by special disbursing agents, under the provisions of 
"FS" Circular 637, should show on their monthly vouchers for 
services and traveling and other expenses, under the heading "Paid 
byS.D.A.", in addition to the information already acquired, whether 
incidental expenses, including the subsistence of driver, are 
covered by the cost of hire. 

Very respectfully, 

GEO. R. WICKHAM, 

Assistant Commissi one r* 



4038 



- 15 - 

:j rcul - t?o. I 17, 

OF J&SUARY 27, 1922, AMENDING SECTION 2372, R.S., RELATIVE TO 

CHANGS! 0/ ENTRIES . 



Department of the Interior, 

G« nc ral Lard Of fie , 
Washington, D. C, J arch 22, 1922. || 



Re gi s t e r 3 an d Re ce i ve rs , 

United States Land Office-. 

Sirs : 

An act approved January 27, 1922 (public Re. 131, 67th 

Congress), amended section 2372, Revised Statutes, by adding thereto 

the following: 

In all cases where a' final entry of public lands h« n or 

may be hereafter canceled, and such entry is held by the Land 
Re to ar true n t or "oy a c o ur t of c ompe te n t j ur 1 s d i c t i on 1 h s Tr ; 1 n 
confirmed under the proviso to section 7 of the Act of rch 3, 
1891 (Twenty-sir'th Statutes, page 109?), if the land has been dis- 
posed of to or appropriated by a, claimant under the homestead or 
desert -land laws, or patented to a claimant under other public-land 
laws, the Secretary of the Interior is authorized, in his discretion, 
and under rules to be prescribed by him, to change the entry and 
transfer the payment to any other tract of surveyed public land, 
non-mineral in character, free from lawful claim, and others 
subject to general disposition: Provided, That the entryman, his 
heirs, or assigns shall file a relinquishment of 'all right? , title , 
and interest in and to th land originally entered: Provided 
further, That no right or claim under the previsions of this 
paragraph sfiall Re assignable or transferable. 

2. An application for the benefits of this act should describe 

a specific tract of non-mineral surveyed public land free from 

lawful claim and subject to general disposition, and should be 

accompanied by the formal relinquishment by the entryman, his heir; , 

or assigns of all right, title, and. interest in and to the lard in 

the ntry on which the right is based, wher r npl] cati on is mad by 

' irs, satisfactory proof of heirship is re qui rod. This must "be 

best evidence that can be obtained, o.n.6 must show that tto 



applying are the heirs and the only heirs of the deceased entryman. 
applications are made "by assignees, the applicants must show 
their interest in the land under the original entryman by furnishing 
properly authenticated abstracts of title, and they must show, by 
affidavits or otherwise, that they have not been indemnified by their 
grantors for the failure of title. The application should also state 
whether action has been instituted in the courts to have a subsequent 
entryman of the land in the former entry declared a trustee, and, if 
so, the status of the litigation. 

3. Credit for payments made in connection with the relinquishei 
entry will be allowed, but a tender of any additional sums due for 

the land applied for must accompany the application. 

4. Wo rights under the act .are assignable or transferable. 

5. Applications should be suspended and transmitted to the 
General Lane 1 Office with the current monthly returns, and the 
applicants should be notified) of such suspension. After consideration 
of the application, it will be submitted to the Secretary of the 
Interior with appropriate recommendations. 

6. Applicants for the benefit of the act will be required to 
begin, within 30 days after notice of allowance, publication of a 
notice in a newspaper to be designated by the register as of general 
circulation in the vicinity of the land, which notice should be sub- 
stantially as follows: 



NOTICE OF CLAIM UNDER SECTION 2372, R. 8., ACS AMENDE 15 BY THE ACT 0? 
JANUARY 27, 1922. 

United States Land Office, 

19 . 

Notice is hereby given that has filed in this 

office an application under section 2372, Revised Statutes, as 
amended by the act of January 27, 1922, for , Sec, 



T. ' , R. , and that the same has been allowed by the 

S'-cretary of the Interior. 

All persons claiming the land adversely or desiring to show it 

to be mineral in character will be' allowed until ,19 , 

to file in this office their objections to the issuance of patent 
un rtc r hi i& a f ore a ai d app li c at i on , 



Register. 

........ . If the notice is published in a daily paper, the publication 

must be inserted in 30 consecutive issues; if daily except Sunday, in 
26; if weekly, m 5, and if semi-weekly, in 9. Turing the period of 
publication, the notice as published must be posted in the local land 
office , 

If no objections appear, the register will, immediately after 

the date named, in the notice, issue final certificate, using Form 
4-196 if the former entry was a homestead, or Form 4-200 if a desert- 
land entry, noting thereon references to the act of January 27, 1922, 
and to the letter allowing the application. 

Very respectfully, 

WILLIAM SPRY, 
. . Commissioner. 

Approved: karch 22, 1922, 
E. C. FINNEY, 

First Assistant Secretary, 

4036 



-18- 

HELINQUISHMENT 07 INCuMPHEBI) LASCDB -N0TI CE TO MORTGAGES, 

March 31, 1922. 

Registers and Receivers, 

U. S. Land Office-. 

Sirs : 

Your' attention is directed to Rule 96 of Practice 
(44 L. D., 411), which provides: 

"Transferees and incumbrancers of land, the 
title to which is claimed, or is in process of 
acquisition, under any public land law shall, 
upon filing notice of the transfer or incumbrance 
in the district land office, become entitled to 
receive and be given the s sine notice of any 
contest or other proceeding thereafter had, 
affecting such land which is required to be given 
the original eritryman or claimant. Every such 
notice of a transfer or incumbrance must be forth- 
with noted upon the records of the district land 
office and be promptly reported to the General 
Land Office, where a like notation thereof will 
be made. Thereafter, such transferee or incumbrancer, 
'as well as the entryman, must be made a party 
defendant to any proceeding against the entry." 

For the purpose of rendering this rule more effective 
in the protection of existing equities, you will see that in 
all cases where notice of' a mortgage interest in land embraced 
within' a subsisting entry, is filed, as provided in the above 
Rule of Practice, such mortgagee is given notice of any 
relinquishment" of the entry that may be filed; and you vail 
accept no relinquishment in such case unless the mortgagee 
joins therein, or is given opportunity to make such showing in 
the matter as he may desire, and 30 days from notice of the 
relinquishment' may be allowed the mortgagee in which to express 
his assent to the relinquishment, or submit such statement or 
showing as he may desire. If the mortgagee fails to respond to 
the notice, or objects to the relinquishment of the entry, you 
will suspend action thereon and report the matter in full to this 
of f i ce , wi th your re c ommend ati on, ' 



Very respectfully, 



WILLI Mi SPRY, 

Commissioner, 



Approved: March 31, 1922. 
E, C. FIKHEYjj. 

First Assistant Secretary, 



-19- 
RECENT IB CI SIGNS OF THE COURTS A1TD THE rEPARTMEl T T v 
Water Rights- -Hi -pari an Owners h: r >» 

Riparian rights to the use of public watets for 
irrigation purposes must have "been acquired "by settlement on 
public land prior to enactment of the desert-land act of 
March 3,' 1877. 

Haaser vs. Englebrecht (186 Northwestern Rep., 572.) 

Mine ral Se-no^j t--Ljmes tone . 

A "bed of limestone of an average thickness of 200 feet, 
but varying in thickness from a few feet at the surface to 
400 or 500 feet in its dip. lying "between "beds of quartz ite, 
held not to constitute a single "broad vein or lode giving extra 
lateral rights to claims on its apex throughout its entire 
thi ckness . 

Utah Consolidated Mining Company' vs. Utah Apex 
Mi ni ng Co mp an y (2 7 7 ZTe de r a 1 Re p , , 41.) 

Swamn Land C-rant--Tj tie . 

Under the act of Congress September 20, 1C50, granting 
swamp and overflowed lands' to the State, when the land is 
identified and a patent issued, the title so transferred 
relates hack to the date of the grant, and inures to the benefit 
of the State and its' successors in interest for all purposes, 
as if the legal title to the land finally identified had 
passed at the date of the act. 

San Joaquin and Kings River Canal and Irrigation 
Company vs. Worswick et al. (203 Pacific Re p., 9 9 9.) 

Water Rights — Desert Land Act. 

The desert land act of March 3, 1G77, providing that 
the right to the' use of water shall depend on bona fide prior 
appropriation, and that all surplus water above actual 
appropriation .and use shall remain and be free for appropriation 
and use by the public for irrigation, mining, and manufacturing 
purposes', subject to existing rights, apnlies only to desert 
lands, and does not apply to all the public lands of the United- 
States, so as to make rights under appropriations of water 
paramount to riparian rights. 

San Joaquin and Kings River Cana,l and Irrigation 
Company vs. Worswick et al. (203 Pacific Rep., 
999.): 



Wate r Rig hts -- Riparia n Owner. • 

Under the act of Congress July 26, 1866, and the act 
of July 9, 1870, where the diversion of water from a river is 
made on land then belonging to the United States, the right 
of the appropriator to the water thereby t alien is superior to 
the riparian rights of a subsequent purchaser of land from 
the United States lying above the point of diversion/ 

San Joaquin and Kings River Canal and Irrigation 
Company vs. Wo rs wick et al. (203 Pacific Reporter, 
999 J 

Timber Contract — Removal of T ^e es, . .. 

A deed conveying timber growing and standing upon land 
without stipulating the ti ne : thin which it must be removed 
will be construed as imp. I. chat such removal shall be 

accomplished within a re "as on bis time", where the terms of the 
conveyance and the circumstances • attending the transaction 
afford a .just, basis for an adjudication of such an implication 
or i n te n d mean t . 

Li vi ngs ton e t al . vs . Ire w Lumbe r Comp any 

(90 Southern Reporter, 466 „ ) 

Wate r Rj, gh.tr, ~~>8.t ate . Apr-r opr i ati o n._.. 

The State of Arizona on acquiring land from the 
United States Government under the act of Congress August 13, 
1912, did not acquire the right to the use of water in a 
stream flowing through land as against prior appropri ators . 

Larson vs. Johnson et al. (203 Pacific Reporter, 

874.) 

T ax a t i on of Re c. l amati on Homes te ad .. 

In the case of William Irwin against Samuel P. Webb, 
County Treasurer; et al. on appeal from the District Court 
of the United States for the District of Arizona, the United 
States Supreme Court handed down on March 20, 1922,^ a very 
important decision discussing the authority of the State to 
impose taxes upon lands embraced within an incomplete reclama- 
tion homestead. The court states the case thus: 

"The appellant Irwin, a citizen of California, 
filed his bill of complaint in the District 
Court against the Treasurer, the Assessor, the 
Attorney, the Sheriff, and the members of the 
Board of Supervisors, of Maricopa County, 
Arizona,' citizens of Arizona. He' averred that 
he' had an interest, as a homestead en'tryman, 
under the General Homestead Act of Congress of 
May 20, 1862, and the Reclamation Act of June 
17,1902, in land included within the Salt River 
Reclamation Project in Maricopa County, that he 
had not fulfilled many of the conditions by him 



-21- 

to bo performed "before the title to the land would vest 
in him, that me art i me it was the property of the United 
States and not subject to taxation by a State, that he 
brought the suit in behalf of himself and also in behalf 
of other reclamation homestead entrymen within the 
Salt River Project 'in Maricopa County, and their assigns, 
similarly situated, desiring to avail themselves of the 
benefits of it, that the defendants had levied and 
assessed taxes against these homestead premises of 
plaintiff and' the others in whose interest he sues, for 
several years, and had demanded payment of them, and 
threatened to collect them by suit and sale of such 
lands', and to assess them in the future, that such action 
was in contravention of Article IV, section 3, of the 
Federal Constitution, deprived him and his fellow 
entrymen of a privilege and immunity secured to them 
as citizens of the United States, deprived them of 
property without du^ process of law, and denied them 
the equal protection o r the laws, all under the Four- 
teenth Amendment. He prayed for an injunction against 
the defendant's and their successors in office and each 
of them as taxing authorities of Maricopa County from 
further assessing said lands, collecting the taxes 
already assessed, or bringing suit to collect the taxes 
as delinquent or to sell such interests. After answer 
and reply, the case was heard on an agreed statement of 
facts. The District Ccurt dismissed the bill or: its 
merits without opinion. This is a direct anneal from 
the District Court under section' 233 of the Judicial 
Code as' amended January 28, 1915, 38 Stat., 804, because 
the' suit is one involving the construction or applica- 
tion of the Constitution of the United States." 

In the disposition of the case, the court tool: occasion 
to discuss a number of very interesting questions incidentally 
involved and in conclusion held: 

"Of the taxes here complained of, those from 1907 
until 1916 were levied before the Secretary of the 
Interior in January, 1917, had fixed for this nroject 
a farm unit of 40 acres to whi ch each entry must con- 
form. Certainly until the area which the entryman 
could receive was ascertained, no equitable title could 
pass. 

After the farm unit was established,' the entryman 
had two years in which to fulfill the requisites of 
the statute. One of these, and as important as any, 
was the filing of the final affidavit showing that he 
had performed the conditions precedent to getting a 
patent, which he had to present to the land office for' 
approval and final certificate, which, as we have said, 
gave him equitable title, From an exhibit to the bill, 



-22- 

the accuracy of which is not controverted, it appears 
that of the class of forty-nine entryrnen for whom 
the plaintiff sues, ' twenty-four received a final 
certificate in 1919, and that twenty-five, including 
the plaintiff, had not received a final certificate 
when the bill was filed. As to the former, assessment 
of all taxes assessed against them for the years 1907 
to 1918, inclusive, was illegal, and the defendants, 
J. G. Montgomery, sheriff, and J . \V. Bradshaw, Guy F. 
Vernon and C. S. Steward, members of the Board of 
Supervisors, should be enjoined from taking any steps 
to enforce collection. As to the latter, collection 
of all taxes assessed prior to filing the bill, and 
all future assessments for taxes on their interests 
as entryrnen until final certificate shall have been 
issued to them by the United States Government, will 
be illegal and the foregoing defendants should be 
enjoined accordingly « 

The decree off xhe District Court is reversed, 
with directions to enter a decree in conformity with 
this opinion* 

Public Waters --Irrigatio n. 

A natural coulee used by ah irrigation company in part 
as a portion of its distributing system, and in part for carrying 
waste water into the river, so far as it is used to carry water 
from one part of the system to another for use on the segregated 
lands, has the status of an artificial channel, and the water 
therein belongs exclusively to the company, but waste water 
turned therein becomes public water, subject to appropriation by 
otherso 

Twin Falls Canal Company vs. Damman (277 Fed, Rep. 331.) 



Drilling Rigs— Homestead Entry--Act of July 17, 1914, 

The California Oil World of March 16, 1922, carries in ' 
full a decision of the Supreme Court of the State of California, 
in the case of Midlands Oil Fields Ltd.,' v. Rudneck et al 
Summarizing the case, it appears that the land involved was " 
embraced in a placer oil claim prior to September 5, 1909, and 
within a petroleum withdrawal of September 27, 1909; that under 
a drilling contract rigs were set up and drilling carried on until 
1915, but without discovery. October 25, 1915, Enw right entered 
upon the land, and on June 24, 1916, made homestead entry, selling 
his interest therein to the defendants in 1918, who converted 
to their interest the drilling rigs, derricks, etc., then on the 
land. 



-23- 

The Court pointed cut that Bnwright's entry was made 

subject to the Act of July 17, 1914 (33 Stat., 509), and hence 
conferred no right to the minerals therein, nor to the 
drilling rigs used in the search for such mineral which, so 
far as the homestead entry is concerned, was personal property, 
and no part of the realty; though the Court intimated that it 
might have held otherwise, if the right of the Government had 
"been under consideration in connection with the reserved 
minerals. 

Homestead Patent — fcinin/r CI Aim. 

The fact that a homestead entryman was maintaining 
mineral claims on the land at the time of his entry and final 
proof, held not to estop him from exercising his homestead 
right if otherwise entitled thereto. 

United States v. Dougherty (277 Fed. Ren., 451.) 

Railroad Grant- -Home ste ad Settler, 

The right of a railroad' company to select indemnity 
lands under the Act of August 5, 1892, does not include lands 
held, at the time of its selection, and when subsequently surveyed, 
by a bona fide homestead settler, nor does it pass under such 
selection on its subsequent relinquishment by the homesteader. 

Homestead Entry- -Rnjlro ad Grant. 

The rejection of a homestead application on the ground 
that the' land had passed under a railroad grant is not res 
ad judicata as between the railroad company and the United States, 
and does not bind a purchaser of the appli cant's improvements, 
and in whose favor *he executed a relinquishment who 'may 
institute a new homestead application, if the land is in fact 
public land and subject to entry. 

McPhee et al. v. Gre:at Northern Ry. Co. et al« 
(277 Fed. Rep., 502.) 

N avi g able "w ate rs - -3e d o f a 3 1 re am . 

Where a bayou which was once navigable, has ceased to 
become so, the 'State, "having; "ueen theretofore "the owner of the 
bed of the' bayou, subject to the " right of the public to 
navigate it and to use its banks, has the right to lease it to 
persons desiring to drill for oil. 

Vfemple v. Eastham, et al. (90S c .Rep., 637.) 



-24- 

Tj rn"hRr and. St one A ct, '--P i,, 1 and G as Lands --Surf ace Rirrhts-- 
Pinal Proof--? ate nt- -Burden of Proo f --Bvidence . 

A complete equitable title becomes vested upon the 
claimant's full compliance with the law and the final 
certificate upon a stone entry in .-prima facie evidence of that 
title, and thereafter such entryman cannot be compelled to 
accept a limited patent pursuant to the act of July 17, 1914, 
because of a subsequent report that the lard is valuable for oil 
or gas, unless the Government makes the charge and shows upon 
assumption of the burden of proof that the land was of known 
mineral character at the date of the perfection of the claim. 

Timber and Stone Act — Oil and Gas Lands--Final Proof--Pviden ce-- 
Potice-- Hearing. 

A report by a field agent, after the issuance of a final 
certificate upon a stone entry, charging that the land contains 
oil and gas and was so known at the date of final proof, may be 
used as a basis for Government proceedings against the claim, 
but is not competent evidence upon which final action adverse to 
the claimant may be taken, without charges, notice, and an 
opportunity for a hearing 

Court a nd Departmental Dec is ion Cited and Applied. 

Cases of Payne v. Pew Mexico (255 U. 3., 367) Wyoming ' 
v. United States (255 U. 3., 439), Charles W. Palhcm (39 L.D., 
201), Richard P. Ireland (40 L.D., 434), George P. Goodwin 
(43 L.D., 193), Tilmon P. I'labry (40 L.D.,155), cited and 
applied. 

Henry Chamberlain; decided January 23, 1922, 

by Pirst Assistant Secretary Finney. 

S_cho o l Land - -Mi ne r al Lands - -Li ° u So l e ction--Survev--Act of 
February 2ft t 189l--St.P t.ut. es --Calif ornT p . 

Neither the act of February 28, 1391, which granted to 
the State of California the option to waive its right to such 
school sections in pla.ee as should be discovered subsequently 
to the approval of the official survey to be of mineral 
character, and take lands in' lieu thereof , nor the legislative 
act of that State of April 1, 1397, permitting mineral 
prospecting and location of mining claims thereupon, revested, 
the United States with title to those lands, butf merely 
authorized, a right of exchange, prior to the exercise and 
acceptance of which the Government is without authority to make 
disposition thereof. 



-25- 

Sohool Land-^iner nl Lands --Lj p u Select i, on--L : i nrrsl Intrv— 
Re 1 ns t at eme n t - - Ad ve r s e C 1 n ,i m--Surv^v--C alj forn j a . 

Lands within a school section in the State of 
California, which were found to "bo of mineral character sub- 
sequently tothe approval of the official survey, are not subject 
to mineral entry under the United States mining laws unless 
and until exchange thereof for other lands has teen perfected 
pursuant to the act of February 28, 1891, and where a mineral 
entry for such lands has teen canceled because invalid when 
made, a reinstatement thereof after an exchange of the lands 
has teen approved will not te permitted to the prejudice of an 
intervening adverse claim, if the claimant submitted without 
protest to the cancellation of the entry, and failed to renew 
his claim after title revested inthe United States. 

Departmental Decis ions Cited and C onst.r^d. 

The cases of State of California (33' L.D. " 356) , and 
Sewell A e Knapp, on petition '(47 L.D., 156), cited and 
construed, 

Russell v. United States Borax Co. (on -petition); 

decided January 25, 1922, ty First Assistant 

Secretary Finney. 

Swamp Lnna--Survev— Land Le-oart.TriP. nt~-- Juris die ti on. 

An agreement between the -State of.. Mississippi ■ and 
the United States whereby the character of specific tracts 'of 
land as of the date of the swamp act of September 28, 1850, 
should be determined ty the showing of the field notes and plats 
of the Government survey, does not preclude the Land Department, 
in the exercise of its judicial function in determining whether' 
or not lands were of the character that passed under that grant, 
from admitting evidence to show their true conditions at the time 
that the grant he came operative .where the official survey was 
made prior to the passage of the act and there was no reason 
for the surveyor to make particular note of the swamp or non- 
swamp character of the lands. 

Swamp Land--E yj dcnce--He arinr: — Act of. September 28. 1 850. 

Where it becomes necessary to determine ty a hearing 
whether or not lands were of the character that were granted 
by the swamp act of September 28, 1850, expert testimony of 
Government witnesses, based upon evidence now available, from 
which the inference may te reached that the soil environment 
and the former forest conditions were such as to negative the 
possitility that the lands could ever have teen of a swamp 



-26- 

character, is not sufficient to counteract the direct 
testimony of witnesses familiar with the land at the date of 
the passage of the act. 

State of Mississippi v. United 'States , James 
W. Burford et al,, Interveners; decided 
Decemher 21, 1921, by First Assistant Secretary 
Finney; motion for rehearing denied January 
28, 1922, 

Oregon and Cali forni a. Rai lroad Lands --Hi no ral Lands --Adverse. 
CI aim- -Powe r Si te s - -Wj thdr a.wal . 

An attempted location of a mining claim for lands 
within the forfeited grant to the Oregon and Oalifornia 
Railroad Company, prior to their classification, "but which 
were later classified as "power-site lands", under the 
authority conferred "by section 2 of the -act of June 9, 1916, 
is void. _ab i nitio and no rights are acquired thereby which 
prevent a subsequent withdrawal of the lands for water power 
purposes. 

Court and Departmental Decisions Cited . 

The cases of Payne vs. Central Pacific Railway 
Company (255 U. S., 228), and Donald C. Wheeler (48 L.D., 
94) , cited. 

The Daily Clay Products Co. (On rehearing);' 
decided February 6, 1922, by First Assistant 
Secretary Finney. 

Fort Peck Lands --indi an Lands--Coal Lands --Allotment — Act of 
February 25 T 19 20, and Sections 254 r y 27,52 1 Revi sed Stat utes^ 
Statutes . 

"The surplus" coal lands within the Fort Peck Indian 
Reservation, Montana, the disposal of which' after' allotment 
was authorized by the' special act of May 30, 1908, are not 
"nublic lands" or lands' "owned by the United States" within' 
the meaning- of the general leasing act of February 25, 1920, 
and' are not, therefore, subject to the operation of the latter 
act, but are still' to be disnosed"of under the" provisions of 
the coal Land laws, sections 2347-2352, Revised Statutes. 

Cou rt and Departmental Decisions Cited and Arvolicd. 

The cases 'of Ash Sheep Company v. United States 
(252 U. S., 159), and Frank A. Kemp (47 L.D., 560), cited and 
applied. 

Peter Fredericksen; decided February 16, 1922, 

by First Assistant Secretary Finney. 



i^ L -j4jj£_. GAS ACT IVTTTRr; 



^o^lTIf^^? 1 ^ SS^g? J?™« motion made final 

20 of the Act by 319 p^ritf^rf Li Cat i° nS mde r Secs - ^ and 

finally rejected and ? S ^f^ ^ d 36 ° application, 

received,' which'shows % increLe n/If 2& ° n6W Wlicatior. 

m February. 2^47 old c "p ifrp V 5 0Ver the ni ^er received 

section for further confer =t, ° returned to this 

evidence, showing of ca^e etc™ ST*?* 1 * to additional 

decisions written it t J 1 P ''/ qUired "a** letters and 

looking to final""dis P os"tion tle?. lated -^ at further action 
corning month. 1S P°— tion therein will he taken during the 




August C Cf?lT\^t\U P: " 0V i ded ln —««>» 2 of the act of 
the Ft. Berthoid L" Pe "e^i n^V^f ln that Portion of 
opened to disposition by the Lt °?' / ort ? ^°ta, which was 
"subject to disposal by^the TlSteS J"f l ' 1910 ' shou3 - d te 
coal land laws in force at the ttV ^ J n ac cordance with the 
specified how the proceed frL }£■"*/ uch disposal" and 
;ieasing"thcreof, should teLS !T diSpos al - of fro m the 
tion that the coal land l?ws the" ft had *" definite oonteinpla- 
superseded by a leasing ■ i ™ ln force rai S ht be. or would be 

act of February il, lilo uLl °?" < J»ntly, the general leasing 
to the undisposed of slV^oalYaSlf S .^ operati^ as 

^^^^^^ial^ ^ne cited mA \^ L 

applied, A * ^ emp ' H 7 L.D... 560), cited and 

^Tuary-l^Tols^A 1 -- 1 ^ 2* BraaSCh = *<"** 

, xy^, ^ Jlrst Assistant Secretary Finney, 

Stock D r i ve w ays . 

been ^^^^"tST^f^L^* Bulletin > no ^ ^ 
withdrawals there to?o« mSeln^^ P0S r w but Certai » driveway 
reduced, the total are a r?le as d ?™ *"*, New Mexico have heen 
the period having \*en3,^*£$ e * Tom GUCh withdrawal during 



Withdrawal in New Me -ri co . 

: of }i 
i penr 

Chacfj Canyon iationaX^Monun 



By Executive Order of March ?n Kn 
New Mexico were withdraw SendlSS iiSi f CXeS in nor thwestern 

of including the tract IS the S!^nt^i!?^ ion a3 to Question 



PUBLIC LAHBS RESTORED 
to 
HfJttgSlEBAD -RUTT^T AJ-:R OTHER DISPOSITION 

by 

PR OOI, MAT ION, EXECUTIVE OR DEPARTMENTAL ORDER. 

Preference Bright s to Ex-Service Men of the War with Germany. 

G-eneral Method of Opening: 

By virtue of Fublic Resolution No. 29 of February 14, 1920, 
hereafter una until February 15, 1922, when any surveyed lands within 
the provisions of the public resolutionare- opened or restored to dis- 
position under the authority of the Department, such lands, unless 
oWhrrise provided In the order of restoration, shall become subject 
to appropriation under the laws applicable thereto, in the following 
manner, and not otherwise: 

^ Lands not affected by the ^reference rights conferred by 

.he^acts of August 18, 1894 (28 Stat., 394), or June 11, 1906 (34 
-tat,, 233), or February 14, 1920 (pub. 14Q>, will be subject to en- 
try by soldiers under the homestead and desert-lane laws, where both 
of said" laws are applicable, or under the homestead law only, qs the 
case may -pe, for a period, of .sixty-three days, beginning with the date 
of the filing of the township plat in the case of'surveys or reSurveys, 
and with the date specified in the order of restoration in all other 
cases, and thereafter to disposition under all of the public land laws, 
applicable thereto, except where homestead entrymen are granted a 
prior preference period under the order. For a period of twenty days 
and for a- like period prior to the date or dates such lands become 
subject to entry by the general public, soldiers in the first instance, 
and any qualified applicants in the second, may execute and file their 
applications, and all such applications presented within such ' twenty- 
day periods, together* with those offered at nine o'clock a,m., standard 
time, on the dates such lands become subject to appropriation under 
such applications, shall be treated as filed simultaneously. 

Unsurveyed lands are not subject to homestead or desert-land 
entry. A homestead entry may embrace 160 acres, or an approximation 
thereof, and where the lands are of the character contemplated by the 
320 or 640-acre homestead acts, applications for the unappropriated 
lands may be filed by qualified persons, under either of * said acts; ac- 
companied by proper petitions, if undesignated, for the designation of 
.ands thereunder, and such applications will be suspended pending de- 
termination as to the character of such lands. 

The following are restorations or openings which will occur 
in the near future and concerning which further information may h* ob- 
tained from, the local offices: 



-29- 

(243) 

NEVADA: 

FROM RE CLAIM I ON WI THDR AWAL . 

About 5,000 acres in Douglas ; and Washoe Counties, 
Carson City land district, mil be open to homestead and desert 
land entry beginning April 28, 1922, to ex-service men of the 
World War, subject, however, to valid prior settlement and 
preference rights; filings may be presented during the twenty 
days preceding that date or from April 8 to April 27, 1922, 
inclusive. Any lands remaining unentered vail be subject to 
homestead entry only "by the general public for the twenty- one 
day period from -July 28 to August 17, 1922, inclusive; filings 
may be presented during the twenty days preceding, that is, 
from July 8. to July 27, 1922, inclusive. If any land 
remains unentered on August 18, 1922, it will then become sub- 
ject to appropriation under any applicable public land law 
by the general public. The land is on the Nevada, California 
and Oregon Railroad, near the towns of Genoa and. Fran let own. 

As the lands are restored from reclamation withdrawal 
no water for irrigation purposes will be available from a 
federal reclamation project. Available information indicates 
that the tracts are mountainous or hilly except those in T. 
16 N, , R. 19 E . , which are stated to be level agricultural 
lands . 

(242i) 

ORE, GON : 

3AIE OF INDIAN LAND. 

The NE^ NEi Sec. 22 and the S| NWi Sec. 23, T. 1 N., 

R. 35 E., W.k., within the former Umatilla Indian Reservation 



-30- 

will be sold to the highest bid e'er by the Register at the 

La Or an de office on May 3, 1922, under the act of March 3, 

1085 (23 Stat,, 342) e Regulations v;ere approved by the First 

Assistant Secretary of the Interior on March 6, 1922* 

(242) 

HEW MEXICO.: 

FROM STOCK DRIVEWAY WITHDRAWAL. 

Appr oxim ate 1 y 3 , 3 at : : s , of whi c h 2,500 acres are 
under withdrawal for coal classification, in San Juan and Rio 
Arriba Counties, Santa Fe Land District, re re released from 
stock driveway withdrawal and opened to homestead and desert 
land entry by qualified ex-service men of the War with 
Germany, and where withdrawn : p or coal classification to sur- 
face entry only under such laws, for a period of ninety- one 
days, i.e., from April 3 to July 7, 1922, incllraive „ Filings 
may be presented at any time during the twenty days prior to 
April 8, 1922, commencing March 20. And on and after July 8, 
1922, any of such lands remaining unentered will be open to 
appropriation under any public land law applicable thereto 
by the general public. Available information indicates that 
the lands are chiefly valuable for grazing. The preference 
granted ex-service men in this restoration is subject to prior 
valid rights and equitable claims. 



-31- 



(241) 
MOHTMA: 

About 10,000 acres in Teton County, Great Falls land • 
district, are restored from reclamation withdrawal, of which 
area approximately 2,500 acres will "be o-nen'to homestead and 
desert lend entry, "beginning Anril 25, ' 1922, to ex-service 
men of the World War, subject," however, to valid prior 
settlement and preference rights; filings may be presented ' 
during the twenty days ^receding that date, or from April 5 
to April 24, 1922, inclusive. Any lands remaining unentered 
will be subject to homestead entry only by the general public 
for the twenty-one day period from July 25, 1922, to August 
14, 1922, inclusive; filings may be presented during the 20 
days preceding; that is, from -July 5" to July 24, 1922, 
inclusive. If any lands remain unentered on August 15, 1922, 
it will then "become subject to appropriation under any 
applicable public land lav by the general public,. The land is 
on the Great Northern Railroad and in the vicinity of the town 
of Choteau, 

Since the lands are restored from reclamation withdrawal, 
no' water for irrigation purposes will be available from a 
Federal reclamation project. The lands are mostly rolling and 
hilly in character, with a soil of first-rate quality. 

(240) 

MONTANA: 

FROM SEGREGATION UNEER THE CAREY ACT, 

560 acres "of land in Sweet Grass County, Bozemah land 
district, open to homestead and desert land entry by ex-service 
men of the World War, beginning April 20, 1922, at 9:00 a.m. 
Filings may be presented during the twenty days prior to that 
date, the same to be considered as filed simultaneously and 
conflicting claims to be disposed of by lot. Any lands that 
remain unentered will be op^n to homestead entry only by the 
general public from July 20, 1922, to August o, 1922, inclusive, 
and filings may be presented within the twenty-day period 
prior to July 20, 1922. O n and. after August 9, 1922, any 
remaining lands will be subject to general disposal, that is, 
to appropriation under any applicable public land law by the 
general nublic. These lands are restored from Carey Act 
segregation and have been designated under the enlarged home- 
stead act. 



-32- 



(239) 

CALIFORNIA: 

By Executive Order of February 23, 1922, 6,376 acres in 
California, all surveyed, were excluded from the Lassen and Plumas 
National Forests because of the low value thereof for forest 
purposes* Five thousand six hundred and seventy-six acres of these 
lands in Butte County, in the Sacramento land district, are open 
to homestead and desert-land entry for ninety-one days, beginning 
May 2, 1922, by ex-service men of the V.'orld War. Filings may be 
presented within the twenty-day period prior to that date, or from 
April 12 to May 1, 1922, inclusive. On and after August 1, 1922, 
e^ny of these lands that remain unentered will be subject to general 
disposition; that is, to appropriation under any applicable land law 
by the general public. The restored areas are in scattered tracts, 
and it is reported that they are principally valuable for grazing 
purposes. The preference granted ex-service men in this restoration 
is subject to prior valid settlement rights and equitable claims* 



public No,165-6?thCongress« 
H.R,8842, 



An Act To provide for agricultural entries on coal lands in Alaska, 

BE IT ENACTED 3Y THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED 
STATES OF AMERICA IN CONGRESS ASSEMBLED, That from and after the passage 
of this Act homestead claims may be initiated by actual settlers on 
public lands of the United States in Alaska 'known to contain workable 
coal, oil, or gas deposits, or that may be valuable for the coal, oil, 
or gas contained therein, and which are not otherwise reserved or 
withdrawn, whenever such claim shall be initiated with a view of 
obtaining or passing tixle with a reservation to the United States 
of the coal, oil, or gas in such lands, and of the right to prospect 
for, mine, and remove the same j and any settler who has initiated 
a homestead claim in good faith on lands containing workable deposits 
ol coal, oil, or gas, 'or that may be valuable for the coal, oil, or 
gas contained therein, may perfect the same under the provisions of 
the laws under which the claim was initiated, but shall receive the 
limited patent provided for in this Act: Provided, however, That 
should it be discovered at any time prior to the issuance of a final 
certificate on any claim initiated for unreserved lands in Alaska 
that the lands are coal, oil, or gas in character, the patent issued 
on sucn entry shall contain the reservo.tion required by this Act, 



Sec. 2. That unon satisfactory r>r oof of full compliance 
with the provisions of the laws under which the entry is made 
and of this Act the entryman shall b^ entitled to a patent 
to the Lands entered by him, which patent shall contain a 
reservation to the United States of all the coal, oil, or 
gas in the lane 1 so patented, together with the right to - 
prospect for, mine, and remove the same. The coal, oil, 
or gas deposits so reserved shall "be subject to disposal 
by the United States in accordance with the provisions of the 
laws applicable to coal, oil, or gas deposits or coal, .oil, 
or gas lands in Alaska in force at the time of such disposal. 
Any person qualified to acquire coal, oil, or gas deposits, 
or the right to mine and remove the coal or to drill for 
and remove the oil or gas under the laws of the United States, 
shall have the right at all tirrps to enter upon the lands 
entered or patented, as provided "by the 'provisions of this Act, 
for the purpose of prospecting for coal, oil, or gas therein, 
upon the approval by the Secretary of the Interior of a bond 
or undertaking to he filed with him as security for the payment 
of all damages to the crops and improvements on such lands 
by reason of such prospecting. Any person who has acquired 
from the United States' the coal, oil, or gas deposits in any 
such land, or the right to mine, drill for, or remove the 
same, may reenter and occupy so much of the surface thereof as 
may he required for all nur^oses reasonably incident to the 
mining and removal of the coal, oil, or gas therefrom, and 
mine and remove the coal or drill for and remove the oil or 
gas upon payment of the:, damages caused thereby to the owner 
thereof, or upon giving a good and sufficient bond or under- 
taking in' an action instituted in 'any competent court to 
ascertain, and fix said damages : Provided, That the owner under 
such limited patent shall have the right to mine the coal for 
use on the land for domestic purposes at any time prior to 
the disposal by the United States of the coal deposi ts :Provided, 
further", That nothing in this Act shall be construed as 
authorizing the exploration upon or entry of any coal deposits 
withdrawn from such exploration and purchase: And provided 
further, That nothing herein contained shall be he Id or 
construed to authorize the entry or disposition, under section 
2306, United States Revised Statutes, or under Acts amendatory 
thereof or supr 1 omental thereto, of withdrawn, or classified 
coal, oil, or gas lands or of lands valuable for coal, oil, or 
gas. 

Approved, March 8, i922.- 



-34- 



(Public No.173 - 67th Congress.) 
3. 490. 
An Act To Consolidate national forest lands. 

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES . 
OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, That when 
the public interests will be benefitted thereby, the Secretary of 
the Interior be, o.nd hereby is, authorized in his discretion to 
accept on behalf of the United States title to any lands v/ithin 
the exterior boundaries of the national forests which, in the 
opinion of the Secretary of Agriculture, are chiefly valuable 
for national forest purposes, and in exchange therefor may patent 
not to exceed an equal value of such national forest land, in the 
sane State, surveyed and non-mineral in character, or the 
Secretary of Agriculture may authorize the grantor to cut and remove 
an equal value of timber within the national forests of the same 
State; the values in each cr.se to be determined by the Secretary 
of Agriculture: provided, That before any such exchange is effected 
notice of the contemplated exchange reciting the lands involved 
shall be published once each week for four successive weeks in 
some newspaper of general circulation in the county or counties in 
which may be situated the Ir.nds to oe accepted, and in some like 
newspaper published in any county in which may be situated any lands 
or timber to be ( given in such exchange. Timber given in such 
exchanges shall be cut and removed under the laws and regulations 
relating to the national forests, and under the direction and 
supervision and in accordance with the requirements of the Secretary 
of Agriculture. Lands conveyed to the United States under this Act 
shall, upon acceptance of title, become parts of the national forest 
within whose exterior boundaries they are located. 



Approved, March 20, 1922, 



-35- 



CONSOLIDATED WORK REPORT OF LOCAL LAND OFFICES FOR MONTH OF 

FEBRUARY, 1922* 



OFFICES 



: ■ Fnc 


Last Month 


Received and : 
Disposed of : 


; Pend 


Sus- 


Pend- 


Rec'd. Trans* 


; ing 


pend- 


ing un- 


" in 


mitt 'd 


* desi 


ed re- 


acted 


this 


to 


; gna- 


ject 'd 


on 


month 


GLO 


' tion 


other 


by 

R & R 




this 




wise 




month • 



End of This Month 



.' Pend- 
ing 
desig- 
na- 
tion 



Sus- 
pend- 
ed 

rejec- 
ted 
other 
wise 



Pend- 
ing 

unacted 
on 
by 
R & R. 



Alabama 

Montgomery 
Alaska 

Fairbanks (a) 

Juneau 

Nome (a) 
Arizona 

Phoenix (a) 
Arkansas 

Camden 

Harrison 

Little Rock 
California 

El Centre 

Eureka 

Independence 

Los Angeles 

Sacramento 

San Francisco 

Susanville 

Visalia 
Colorado 

Del Norte 

Denver 

Du range 

Glenwood 

Hugo 

Lamar 

Leadville 

Montrose 

Pueblo 

Sterling 
Florida 

Gainesville 



Spr. 





28 : 


21 


21 




28: 




178 : 


102 


87 




193: 




14 : 


17 


19 




12: 




25 : 18 


49 


67 




: 25: 


: 2 


112 : 


60 


60 


2 


112: 


: 7 


20 : 


57 


62 


7 


15: 


: 46 


3 : 


13 


16 


44 


2: 


: 54 


70 : 


26 


30 


57 


63: 


: 54 


148 : 


136 


12 G 


57 


161: 


: 117 


58 : 


88 


84 


112 


67: 


: 119 


80 : 


71 


71 


118 


81: 


: 69 


44 : 2 


11 


39 


48 


39: 


: 25 


59 : 


60 


73 


30 


41: 


: 76 


10 : 


36 


35 


78 


9: 


: 278 


48 : 


42 


46 


285 


37: 


: 104 


38 : 


62 


54 


105 


45: 


: 579 


220 : 


89 


127 


546 


215: 


: '9 


11 : 


4 


6 


8 


10: 


: 108 


56 : 


.147 


147 


109 


55: 


: 62 


41 : 


33 


40 


55 


37: 


: 279 


78 : 


68 


98 


267 


60: 


: 455 


233 : 


247 


236 


403 


246: 


: 22 


31 : 


27 


33 


21 


ze 




16 : 10 


59 


57 




21: 



•36- 



Idaho ' 




Blackfoot 


: 301 


Boise 


: 180 


Coeur d'Alene 


Hailey 


135 


Levi st on 


18 


Kansas 




Topeka 


28 


Louisiana 




Eaton Rouge 




Michigan 




Marquette 


1 


Minnesota 




Cass Lake 




Crooks ton (a) 




Duluth 




Mississippi 




Jack s on 




Missouri 




Springfield. 




Montana : 




Billings : 


72 


Bozeman : 


145 


Glasgow : 


284 


Great Falls. 


47 


Havre 


120 


Helena 


278 


Kali spell 


3 


Lewistown 


551 


Miles City 


558 


Missoula 


35 


Nebraska 




Alliance 


57 


Broken Bow 


29 


Lincoln 


3 


Nevada 




Carson Citj 


r 41 


Elko 


62 


xico 




Clayton 


. 106 


Ft. Sumner 


: 232 


Las Cruces 


: 126 


Ro swell 


: 272 


Santa Fe 


: 298 


Tucumcari 


: 46 


North Dakota 




Bisnarck(a 


) 


Dickinson 


: 65 


T 'inot 


: 7 


'. il lis ton 


: 1 



; 198 : 7 


71 


175 


236 


163 : 


: 1G9 : 


89 


211 


142 


105 : 


: 23 : 


10 


8 


3 


25 : 


: 90 : 


20 . 


47 


117 


81 : 


: 14 ; 


14 


18 


16 


12 : 


: 12 : 


22 


20 


30 


12 : 


: 53 : 


23 : 


25 




51 : 


: 10 : 


7 


5 . 


1 


12 : 


: 30 : 


45 : 


43 




32 : 


: 34 : 


27 : 


27 




34 : 


: 5 : : 


21 : 
2 : 


19 
2 




7 : 


: 151 : ; 


20 : 


n 


73 ■ 


159 : 


: 115 : : 


43 : 


54 : 


153 


96 : 


: 154 : : 


70 : 


53 : 


287 : 


168 : 


: 72 : : 


39 : 


46 . 


46 . 


66 : 


: 126 : : 


75 : 


85 : 


130 . 


106 : 


: 137 : : 


51 : 


152 : 


193 . 


121 : 


: 11 : : 


14 : 


14 : 


2 


11 : 


: 61 : : 


48 : 


71 : 


531 


58 : 


: 285 : : 


155 : 


283 : 


^76 


239 ; 


: 14 : : 


33 : 


31 . 


34 . 


17 : 


: 11 : 


26 : 


44 . 


41 


9 : 


: 5 : 


10 : 


IS 


22 


6 ': 


4 : 


2 . 


3 




6 : 


: 94 : 


43 


55 


42 


• 81 : 


: 46 : 


12 


15 


63 


42 : 


57 \ 


73 


108 


77 


51 : 


: 141 : 


90 


93 


233 


137 : 


: 174 : 


136 


133 


99 


203 : 


: 144 : 2 


. 305 


360 


: 245 


118 : 


: 287 : 


332 


309 


317 


291 : 


: 18 : 2 


25 


29 


42 


20 : 


: 44 : 


: 26 


: 29 


67 


: 39 : 


: 22 : 


: 8 


: 8 


: 7 


: 22 : 


: 24 : 7 


: 20 


: 6 


: 20 


: 32 : 



37- 



Oklahoraa 

Guthrie 
Oregon 

Burns 

La Grande 

Lake view 

Portland 

Roseburg 

The Dalles 

Vale 
South Dakota 

Belief ourche 

Gregory 

Lemmon 

Pierre 

Rapid City 

Timber Lake 
Utah 

Salt Lake City 

Ve mal 
Washington 

Seattle 

Spokane 

Vancouver 

'.Valla Walla 

Waterville 

Yakima 
Wisconsin 

Wausau 
Wyoming 

Buffalo 

Cheyenne 

Douglas 

Evan st on 

Lander 

Newcastle 



: 46 


21 : 


: 82 


28 : 


: 176 


91 ; 


: 61 


39 : 




12 : 


: ,4 


26 : 


: 405 


32 : 


: 84 


89 : 


: 25 


30 : 


: 13 


1 : 


: 77 


23 : 


: 79 


40 : 


: 119 


69 : 


: 48 


55 : 


r 842 


339 : 


: 40 


20 : 




16 : 


: 66 


27 : 


: 4 


11 : 


: 42 


6 : 


: 155 


55 : 


: 25 


7 : 




2 : 


: 164 


98 : 


: 668 


240 : 


: 203 


224 : 


: 153 


178 : 


: 149 


: 57 : 


: 295 


157 ; 



55 

24 
127 
11 
14 
62 
84 
20 

38 
15 
16 
8 
103 
14 

264 
33 

5 
26 
11 
34 
39 
12 



84 

137 

186 

40 

90 

134 



50 

26 
49 
16 
21 
63 
227 
18 

46 
14 
13 
12 
87 
22 

343 
25 

5 
18 
13 

34 
39 
15 



139 
300 
229 
19 
-.76 
189 



: 46 


26 : 


; 82 


26 : 


: 152 


193 : 


: 62 


33 : 




5 : 


: .4 


25 : 


: 220 


74 : 


: 82 


93 : 


: 26 


21 : 


: 13 


2 : 


77 


26 : 


: 79 


36 : 


: 124 


80 : 


: 48 


47 : 


: 830 


272 : 


: 40 


28 : 




16 : 


: 66 


3b : 


: 4 


9 : 




7 : 


: 157 


53 : 


: 25 


5 : 




2 : 


: 137 


70 ': 


: 348 


397 : 


: 99 


258 : 


: 156 


196 : 


: 136 


84 : 


: 241 


: 156 : 



41 



27 



TOTAL 



:10612 : 6469 : 



49 



5223 



6395 



9351 : 6507 : 100 



NOTE (A) -No report received from these offices on March 27, 1922. 



-38- 

COKSOLIDATION OF OFFICES OF REGISTERS AND RECEIVERS, 



The president, by Executive Orders under authority of the 
Act of Congress, approved October 28, 1921, has consolidated the 
offices' of Registers and Receivers of the following U. S. Land 
Offices, and ralLcKLsha-d the office of Receiver of Public 
Moneys at each of these places, under the same Executive Order 
and Act of Congress* 

He has likewise appointed a Register of the Land Office 
for each of these consolidated offices, who shall perform all 
duties, etc., imposed upon both offices, to wit: 

MONTANA. 

Kalispell . Executive Order dated January 27, 1922-Ef fective March 
27, 1922 s 

NORTH DAKOTA. 

B ismarck ^E xecutive Order, dated February 6, 1922-Ef fective April 

10, 1022o 

Minbt«E xecutive Order dated February 21, 1922-Ef fective April 25, 

1922. 

WISCONSIN. ' 

Wausau. Executive Order dated February 13, 1922-Ef fective April 
17, ~19~22» 

APPOINTMENTS. 

v'illiPn H. H. Heckman T of Eureka, California, to be .Receiver of 
Public Moneys at that place, vice Gratton D» Little, 
term expired. 
Commission dated March 2, 1922, 

Frank D. Northr up,of Fortland, Oregon, to be Receiver of Public 
Moneys at that place, vice George I. Smith, term 
expired. 
Commission dated March 17, 1922. 

Charles W« Sederburg,o f Sterling, Colorado to be Receiver of Public 
Moneys at that place, vice John W. Cloyd, term 
expired. 

Commission dated March 14, 1922, 

RESIGNATION. 



John L. Wiley , of Spokane, Washington, has resigned as Register of 
the Land Office at that place, effective upon the 
appointment and qualification of his successor^ 



-39- 
DEATR, 



James Frederick Drake, Register of the Land' Office at Pueblo, 
Colorado, died March 27, 1922. 

oriruA/vY. ,, 

Joseph Morrison: After a.lo&g and faithful service in the General Land 
Office, and a comparatively brief illness, the death of Joseph 
Morrison occurred March 8, 1922, at his home in "oris city. His original 
appointment was in 1882, and, with a few exceptions his service was 
continuous, up to within a few' days before his death. Ke was diligent 
in the discharge of his duties, and leaves an enviable record. 

RESIGNATIONS . 

Mr. William L. Taggart, an examiner of land claims and contests 
in the General Land Office, has resigned to enter the practice of lav; 
in this city. 

Mr. L. E. Eddy of the General Land Office, heretofore in 
charge of oil and gas applications for permits and leases under the 
mineral leasing act, has resigned to enter business in the city of 
San Francisco, California. 

TELL THE BULLETIN. 

To all Local Offices and Field Service Emolovees: 



If anything occurs, in the public land service, which you think 
is of administrative vdlue, tell us about it. Address all communication! 
to the Commissioner of the General Land Office, "Land Service Bulletin." 
All information should be received not later than the 24th of each month 
for use in the current number. 



4071 







By direction of the Secretary of the Interior the matter con- 
tained herein is published as administrative information and is 
required for the proper transaction of the public business. 



Vol. 6. 



Hay 1, 1922. 



lTo.3 



WC1 



APPRECIATION. 



As noted in the March number of the Bulletin, the General 
Land Office has, through special effort, and closer organization 
of the office force, fully overtaken the arrears theretofore 
existing in the homestead work, so that we arc now handling 
final certificates without any delay. The appreciation of our 
good work in this particular is illustrated in the following note 
from the Register at Glenwood Springs: 

Under date of April 10, the land office at 
Glenwood Springs, Colorado, received the 
following from a homesteader whose final 
certificate was issued on January 30, 1922, 

and patent issued March 23, 1922: 

"Inclosed find my final certificate as per 
your card of re cent date. This comes under 
the head of speed and service does it not? 
I was hardly expecting to get the patent 
for some time yet. So go you down to the 
closest produce exchange, and there get for 
your own consumption, one or more of their 
choicest El Pumigatoras and send the bill 
to me . " 

As the Commissioner of the General Land Office 

and not the Register of this office is held 

responsible for the issuance of patents, we 

respectfully refer this that he may collect. 



It has been so long since the General Land Office has 
received so kindly an expression of appreciation that the 
Bulletin must be pardoned for making a record of this occurrence 
The real value, however, of our promptness in acting upon 
applications for homestead title can only be appreciated by the 
people who are awaiting our action. To them it means the 
consummation of years of hard work and self-denial, with a home 
for the family and an established future in the community. 

As some indication of what the office has accomplished 
in this direction in the last few months , attention is directed 
to the folio wing figures covering the months of November, 
December, January, February and March in the three' years just 
now passed. The number of homestead patents issued in the first 
period, that'is, from 1919 to 1920, was 16,630; from 1920 to 
1921, 13,535; while from 1921 to 1922, 21,811 patents were' 
issued. The fact that we have been able to accomplish this 
good result in so brief a period is an assurance that the office 
will ultimately, and within a short time, fully overtake all 
arrears with which it has been heretofore charge'.d. To the 
homesteader have we given our first attention in this matter, 
for the reason that he stands at the very threshold of our 
national life and prosperity. 



SURVEY NOTES. 



Utah Surveys 



By an act passed by the legislature of Utah on March 
10, ' 1921, and approved March 17, 1921, a revolving fund of 
050,000 is created for the survey of public lands in the 
State of Utah, the lands to be designated by the Governor of 
the State and the surveys thereof to be executed under the 
di re c t i on of the le de r al Go ve rnmc n t . 

Provision is made under Section 3 of the act whereby 
upon selection by the Governor of the lands to be surveyed, " ' 
and their authorization for survey by the General Land Office, 
the Commissioner will estimate the cost thereof, whereupon 
the Governor is authorized to draw from the revolving fund 
a sufficient amount to execute the work and deposit it to 
the credit of the Treasurer of the United States for said 
purpose. The act also authorizes the Governor to make 
application to the proper Department of the Federal Government 
for the return of' the moneys advanced by the State of Utah 
through said fund, whenever the requested surveys have been 
completed, the money so returned to be deposited in the said 
fund for the purpose of making further surveys until all the 
public lands in Utah have been surveyed. The Governor of 
Utah is authorized to perform every act necessary under the 
rules and requirements of the Department of the Interior 
to carry out the purposes and intent of the act. 



Plans have teen perfected for the execution of the _ 
surveys of tS-three P tov S1 3M P s in Utah under tfa; ,,V »oial 

Sf^ous'sur^ana ^£»V2£°2S or ^ 

reauthorized this field season, 

fihangc of Headquarters . 

The offices of the Assistant Supervisor of Surveys for 
RurvCving District Ho, 3 (Nebraska and South Dakota) will he 
^ved S g tSo S ne ri ar future from l^eligh llchras^a where *hey 
have been located since the inauguration of the air ct sy 
of surveys in 1910, to the old Post Office ^i.ding^ 
called the Army Building, at Omaha, . Wiiie £°«^ dist rict 

grips' c i n t te wL°f f o^rt£f fS^ 1 ^^ ^*vL at r 

^uld°hl "ore'oasily reached ^«0* ^«^ n ^ 
SHo^niS pop^^he^Ser^f f field or- 

art ^^&^T5!&§ E i -.* 

many years was the actual home as well as ° f £?^^% nd 

of the members of the field organization of I.ebrasKa ana 

South Dakota, 

j^J^l^^^^^nS^.r Crow Indian R eservation^ 

Tt is r-ported from Montana that much interest is 

being manife S ste P d°in the allotment of the Ian* of the Crow 

Indian Reservation, now in progress in the field, xo 

of the Crow Tribe, 

It will be recalled that ■ the crow Reservation opening 
bill passed^by Congress in June, 1920^-^^ 
lotting of the entire roae^twn.^h^^eption^ 
certain mountain areas in the uig .lo.n ana W°* ' A [ 

the land to be pro-rated among the members of .he tribe A 

worthy of comment here. 

Wor* -,as comncnoed April 1, 1921, and «as completed 

entire survey. The field notes of su ^7n. ^ th- Assist: ant 

S&3.S s?»s»;hsj |2f/j «£««.«. 

23, 1921. The Commissioner accepted the survey wove moci , 



1921, and the plats were filed in the local land office 
December 7, 1921. The work was exceptionally well handled 
all along the line and is looked upon in Montana as a record 
s urvc y . 

A llotment Surveys, Blackfect Indian Reservation. 

The request of the Office of Indian Affairs to have' the 
final allotment surveys of the Blackfeet Indian Reservation 
made by the. General Land Office under the laws governing the 
survey of the public lands as was done last season, rather 
than as has been done on many Indian reservations in the past, 
not only insures a perfect description to allotted areas 
for all time, but permits of the employment of such surveys 
for any other purpose desired, such as for mapping or for 
ties to other svurvcys with assurance of their proper relation 
to the legal survey. 



The ne-w Federal Building at Santa Fe , New Mexico, is 
completed, and the first few d.ay3 of April witnessed a 
general breaking up and moving of Government offices in that 
city to the new building. 

This mow brought together under one roof the four 
sub-offices of the General Land Office, namely, the offices 
of the 15. S. Surveyor' General, Field Service, Assistant 
Supervisor of Surveys, and the Local Land Off ice--certainly 
a move in the direction of higher efficiency through closer 
cooperation. The building also houses, the post office, the 
Local Observer of the Weather Bureau, the Supervisor of the 
Santa Fe National Forest, and the Local Secretary of the 
C i vi 1 S c r vi ce Commi s s i o n , 

In preparing plans for the building, the Supervising 
Architect conferred with the Santa Fe School of Aire ri can 
Research and other local organizations, and finally agreed 
upon what is known as the "new-old Santa Fe style" of 
architecture for the new structure. This style is a copy of 
the old type adobe edifice altered sufficiently to provide 
for modern lighting and heating. Most of the important 
buildings erected in Santa Fe in recent years have been of 
this unique but practical type, and the Government in' 
adopting the style for its new Santa Fe building is adding 
to and helping preserve the ancient charm and beauty of this 
historical spot. 



-5- 



A meridian is being established alongside the new 
bull-ding primarily for the use of engineers of the Cadastral 
ErieiiEcring Service, but will be available to axl other 

engineers both Government and private who have occasion to 
use i t . 



Mora Grant Case 



S W Williams, Special Assistant to the United States 
Santa Re, New Mexico, making 



time 



Attorney General, is in 

arrangements to appeal the Mora Grant case , tried som 
ago in the federal District Court in Santa 5e , to the 
Circuit Court of Appeals. 

" 'o^C-O-V^^CALirCPlTirRAILRGA-D LANE GRAtTT, 
IITTEI^ITY LIMIT SURVEYS. 
3v letter of March 16, 1922, the local attorney for 
the orogon and California Railroad Company requested that 
provision be made for the survey of the unsurveyed lands 
within the indemnity limits of the company's grant within 
tne forest reservations, Oregon, as _ a P^equisite to the 
satisfactory conclusion of the pending accounting sure. 

This request brought to a focus the various 
considerations being given this particular feature of the 
oreeoh-California Railroad Land Grant. It has ee.n 
ascertained previously that the public land surveys covered 
substantially all of the indemnity ^^t^^^^f^aS 
situated within rational Forest Re se rvaticns an dtho ^gn -11 
of the lands in the primary or place limits had been f^^f 
surveyed regardless of the Forest Reservations, as teretoxor 
announced in the Bulletin, no effort had been made touring 
sai^ reserved Portions of the indemnity belts under .urvc/ 
on the" theory that the grant could not operate thereon 
until the lands were selected and being ; ^ve« forfo r est 
purposes, they could not be selected, hence, ^survey 
v/ould serve no useful purpose. This theory was to^r, 
apparently overturned by the decision of the U. S-. bupreme 
Court in the case of United States v. h. P. Ry. 00. 
(256 US ), wherein the opinion was cxpressea 

^ DO u ' * TTfEat after the company earned the right to 
receive what was intended by the grant, it 
was not admissible for the Government to 
reserve or appropriate to its own use lands 
in the indemnity limits required to supp_y 
losses in the place limits. Cf course,- if 
it could tike part of the lands required 

for una? purpose, it could take all and^thereby 
wholly defeat the provision for indemnify. 
But it cannot do cither/' 



Such Toeing the law, it was conceived that these 
unsurvcyed forest lands within the indemnity limits of the 
Oregon- California Railroad Land Grant might he drawn into' 
the accounting suit. The records were accordingly subjected 
to a searching examination which resulted in the ascertainment 
of a situation indicated as follows: A probably deficiency 
in the primary grant of approximately 2,000,000 acres, 
satisfied to ' the ' extent of some 984,000 acres of the indemnity 
limits lands, leaving a net deficiency of 1,000,000 acres. 
Towards this probable deficiency there are about 271,420 
acres of unsurveyed odd numbered sections within the Forest 
Reservations within the indemnity limits. 

It was first thought that a protraction of the 
rectangular system of the public land surveys over these 
unsurvcyed forest lands might effectively be urged as 
a means of answering the requirements of the accounting 
suits, or that possibly, as suggested by the company, 
the decision in the accounting suit might enunciate 
principles which would obviate any such necessity. It 
was recalled, however, that all mineral lands are expressly 
excepted from the operation of the grant, which fact 
will sooner or later necessitate a segregation of the 
mineral from the non-mineral areas ,' and 'further, that the 
Act of June 9, 1916 (39 Stat., 218), requires that the 
lands actually taken over by the Government from the company 
be classified as to their power-site, timber, and 
agricultural characteristics and disposed of accordingly. 
There appeared to be, therefore, no alternative to 
extending the public land s urve ys ' o ve r the areas in question, 
and by letter dated April 5, 1922, addressed to the 
Department it was so recommended. 

In presenting this matter to the Department it was 
pointed out that these lands are among the most difficult 
to be brought under survey in the State of Oregon, that 
while there are but approximately 271,420 acres of odd 
numbered sections and 26 7,300 acres of even' numbered sec- 
tions in the indemnity, limits to be surveyed, a considerable 
area outside of the limits— between 250,000 and 330,000 
acres=—will also have to be "surveyed in order regularly to 
complete the field work, and that this will involve an 
expenditure of from ^100,000 to ^140,000 from the regular 
appropriation for tv: surveying the public lands and at 
least three surveying seasons, to accomplish the task. 

The conclusions and recommendation by this office 
were approved by the Hon. First Assistant Secretary on 
April 19, 1922, and by letter of April 24, 1922, the U. S. 
Surveyor General for Oregon was instructed to group this 
entire area into units of suitable size and issue special 
instructions for their survey with the expectation of having 
field work commenced just as soon as weather conditions 
will permit. 



While there are but 538,720 acres to be surveyed 
strictly within the indemnity I: 'Its, it will be impossible 
as before indicated, in th2 actual conduct of the work in the 
field, to restrict the surveys to these exact limits. 'The 
surveying regulations, which requires that a to wis hip, the survey 
of which is entered upon for any reason, must be completed in 
its entirety will, however, not be insisted upon because of 
the extreme difficulties in the way but the surveyed areas will 
be kept as regular as existing conditions will warrant. By 
thus reducing the area to be surveyed to a minimum the time 
required to complete the task will be materially lessened. 



NOT ES FROM THE FIELD SERVICE. 

Appointment. 

James 3. McCarthy, of Mississippi, appointed Special 
Agent and assigned to Cheyenne Field Pi vision. 

Assignments . 

Special Agent R. W. Tallman transferred to General 
Land Office and assigned to Gil Leasing Section. 

Mineral Examiner H. W. LIcFarren temporarily in Gil 
Leasing Section, General Land Office, returned to Cheyenne 
Pie Id Division. 

Special Agent J. E. Connolly temporarily employed in 
General Land Office for the winter transferred permanently 
to the office. 

Timber Cruiser F. K. Carlisle, Alaska Field Division, 
designation changed to Special Agent, 

Resignations. 

Mineral Examiner William Atkins resigncd,cffe ctive 

April 4, 1922. 

FIELD SE RVICE 
DOCKET. 

Five suits won. One for trespass in Oregon and compromise 
offer of $10,000 ::nd. amount paid (Oregon' Lumber Co.); one in 
Wyoming and judgment fcr $371,00 reported. Payment of G393.S8 
reported on old judgment in Arkansas. One suit to vacate patent 
won in Oregon and one in Arkansas and 452.96 acres recovered. 
One oil suit won in California. 

Thirteen suits to vacate patents in Utah settled by 
payment of £10,000 in compromise. 



-8- 

Cld judgment of 0521.00 paid in Nebraska. 

Royalty on coal lease in Colorado paid - $1,043). 00* 

Settlement of oil suit in California effected Toy 
compromise and payment of 050,000.00 made, (llorth American 
Gil Co., Pioneer Midway Oil Co., ct el). 

One indictment in Montana for forgery; two indictments 
in Oregon for perjury. 

" One conviction in California for conspiracy and fine 
of 01,000.00 imposed. 

Prom Portland. 

Mr. Gcq.B. Archibald has returned to the Service-, having 
"be en appo into d as Mine r al I ns pe c to r, G , L . . , wi th he adquarte rs 
here. Mr. Archibald reported for duty May 10th, and will 
handle the irrigation work of this division and mineral cases 
as well, being at present engaged in the investigation of the 
North Canal Unit of the Central Oregon Irrigation Project in 
The Dalles, Oregon, Land District, 



Special Agent Thomas M. Hunt arrived in Portland the 
latter part of March for temporary duty in this division. He 
will return to his headquarters in Juneau, Alaska, about the 
first of June, when the season for field v.ork opens there. 



Special Agent C. W. Richie returned the first of April 
from' Wyoming, where he was assigned on a special investigation, 

On March 10, 1922", a decree was entered by stipulation 
in the case of the United States vs. Joe Olgon, in the United 
States District Court for the District of Oregon, cancelling 
the patent issued on December 8, 1920, to Olson on his Home- 
stead 'En try LaGrande 013628 for the %\ of Sec. 3, T. 7 S., R. 
40 E., W.M. Suit was brought in this case for failure to com- 
ply with the homestead laws in establishing and maintaining a 
residence on the land. 



In the United States District Court for the District of 
Oregon, judgment was entered by stipulation on March 27, 1920, 
in the case' of the United States vs ; Oregon Lumber Company, in 
favor of the Government for $10,000, on account of timber taken 
in trespass from lands at the time 'embraced in Timber and Stone 
Entry LaGrande 08437 of John Olson, but since cancelled. 



-9- 

TRIPLE DIVIDE MOUeTTAIH. 

Recent action of the United States Geographic Board in 
naming three small creeks in Glacier National Park, rising 
at the interse ction- of the north and south and east and v.est 
Continental Divides, the Atlantic, Pacific and Hudson Bay 
Creeks calls attention to the fact that the only triple divide 
mountain in Iforth America is located within the park's "borders. 

From the summit of Triple Divide Mountain one can toss 
a pebble into the waters of streams flowing into the Hudson 
Bay, the Gulf of Mexico and into the Pacific Ocean. The 
creek names "bestowed by the Geographic Board are therefore 
particularly appropriate. These new names as well as numerous 
other changes to bring it strictly up-to-date appear on the 
new topographic map of Glacier Park just issued and for sale 
by the Geological Survey. Glacier National Park is essentially 
a trail park, and is equally enjoyed by the horseback rider and 
the hiker. Cn the new map every park trail is clearly marked. 

"MAT THE UNITED STATES HAS DONE FOR ITS SOLDIERS 
OF PAST WARS. 

The present interest in the proposed bonus legis- 
lation for the soldiers of the World War, affords a favor- 
able opportunity for consideration of the previous peace- 
time provisions made by the Federal Government for its 
war- time defenders. 

The earliest legislation for soldiers involving land, 
was a resolution passed by the Continental Congress, September 
16, 1776, promising public lands to officers and soldiers who 
should engage in the service, or to their representatives, if' 
slain by the enemy. The quantities granted were, to colonels, 
500 acres, licrutenant colonels 450 acres, majors 400 acres, ' 
captains 300 acres, lieutenants 200 acres, ensigns 150 acres, 
and to each non-commissioned officer and soldier 100 acres 
each,' later amended to give a major-general 1100 acres and a 
brigadier-general 850 acres. This resolution was the origin 
of bounties of land from the United States for service in 
the Continental Army or llavy. 

The original colonies having public lands of their 
own supplemented this legislation by grants to their, militia, 
and to the troops raised by the Continental Congress, known 
as the Continental Army. 

In order to carry out the provisions of these grants, 
certain tracts of country with definite limits were set apart 
and reserved for the satisfaction of the warrants and in the 
location of same they were restricted to "these military 
districts . 



By an act approved Juno 1, 1796, Congress set apart 
for the location of bounties for' the officers ah'd'soldiers 
serving- in the- Revolutionary War, a tract of land containing 
about 4,000 square miles, or two and one-half million acres, 
embracing in whole or in part 12 counties in northern Ohio 
and known as the United States Military' District . Only land 
warrants issued by the United States pursuant to the resolution 
of 1776 could be located within this military district until 
after the act of Hay 30, 1830, which' alio we d the exchange of 
the Revolutionary warrants for scrip, v/hich could be located 
either in' Ohio ,' Indiana, ' or Illinois. Warrants; under the act 
of June 1, 1796, totaled, June 30, 1880, 2,095,220 acres. 

The colonies also made grants to their state militia 
and to those colonists who entered the Continental Army. The 
satisfaction of these grants led to conflicting claims as to 
the ownership of the territory northwest of the Ohio River, 
which were finally adjusted by the several colonies relinquish- 
ing their claims to their western lands with certain 
reservations. 

New York was the first of the colonies to relinquish 
her claims and to confine her western boundary to the present 
limits. Connecticut relinquished all but the tract along 
Lake Erie in northeastern Ohio, known locally as the western 
reserve in which is the City of Cleveland. North' Carolina 
relinquished the territory which became Tennessee, with the 
stipulation that her bounty land grants be satisfied there- 
from. The Federal Government soon relinquished any remaining 
public lands to the State of Tennessee. South Carolina 
and Georgia relinquished their claims to the land south of 
Tennessee then occupied by the Spanish and by Indian tribes. 
Virginia retained what is now Kentucky and ceded to the 
United States her claim to the northwest territory, on 
condition that warrants issued to her soldiers might be 
satisfied by location on the tract between the Scioto and 
Little Miami- Rivers, known' as the Virginia Milrtary District. 
This district was estimated to contain 6,700 square miles, or 
over four million acres, and was reserved by Virginia in 1784. 
This district did not contain sufficient land to satisfy 
all bounty claims under warrants issued or allowed by the 
State' of Virginia for Revolutionary services and scrip was 
issued in lieu thereof to be lo cat able upon any of the public 
lands of the United States ' subject to sale at private entry. 
Scrip v/as issued for 1,041,976' acres. 

In 1811 and 1312 Congress promised land bounties for 
services in the Army of the United States during the War 
with Great Britain, One act promised a bounty in lands to 
each non-commissioned officer or soldier or his heirs, 
another gave a bounty in lands for raising regiments of 
Infantry, Artillery, and Dragoons for the permanent Army. A 
tract of land not exceeding six million acres was directed 
to be surveyed, reserved, and set apart for the purpose of 
satisfying the land bounties promised by said acts. Two 
million acres each 'we re so appropriated in the territories of 
Michigan, Illinois, and Louisiana, in the latter territory 
to be between the river St. Francis and the river Arkansas, 
Later it was provided that in lieu of the two million acres 
in the territory of Michigan a million and a half acres more 



should be in Illinois territory, and a half million in 

the Kiscourj territory north of the Missouri BiV , 

-he object 01 th military reservation system was to 
induce settlement ^nd cultivation of land in the iistricts 
so far set apart. The then remoteness of these districts 
defeated the object hoped to be obtained by the legislators, 
ana after patent, the lands, to a eon s i de r abbe extent parsed 
into the hands of Speculators or -were forfeited to the State 
for non-payment cf taxes. This resulted in the abandonment 
of that system of rewarding soldiers and led to the extension 
of the privilege to the soldier or his assignee to accept 
any lands of the United States subject to private entry. A 
stipulation exist- d in all military bounty lane warrant laws 
which prohibited the seizure or sale by legal process of the 
warrant in pavment of debts., ' the object of such legislation 
being to secure, if possible, the full benefit in protection 
of -the law to the end that the soldier would be enabled to 
acquire and retain a beer for himself aid family. 

■' ■ v r services ir the War of' 1812 there were issued 
29,156 warrants embracing about 4,355,600 acrcs e The greater 
portion of these warrants wore for 160 acres, though tnere 
.wore many double bounties of 320 acres, , 

The War with Mexico was proclaimed May lo, low, ana 
lebruary 11, 1847 , an act was passed giving bounties for 
military service therein to all non-commissioned 0l - : i CG f s » 
marines, and privates, or their heirs. This bounty tooK xne 
form of 1 certificate or warrant for 160 acres oi land ana 
could be located at any district land office for any ^ lands 
opened to private entry. There v;ere numerous provisions 
intended to protect the ex-soldier in this act as veil <f 
the later ones of 1350 and 1355. The act of 1855 was the most 
corn-ore hens ive of all acts, for it covered almost all the wars 
that the united States had participated in and granted ™ 
all officers end soldiers, who had scrv:d in any warm which 
our country had been engaged from the Revolutionary fcar to 
1555, and giving to each 160 acres of land, or so much with 
vhat had been -previously allowed under other acts as would 
make up that quantity. It extended tbe right to recede 
a military bounty land warrant after a service ox only ^ days 
or for an engagement in a single battle, and m case o± deaxn 
the right descended to the widow or minor children. 

The total number of warrants isuu&d under all the act. 
just mentioned was 551,195, embracing 61,025,430 acres, 
or :eore than twice the area of tbe State of Ohio or d 

Pennsylvania, and' a million acres more' than -11 the He ^nglanc 
States with the addition of New Jersey, Delaware and 
Maryland, or about equal in area to the State oi Oregon, 



-12- 

Thousands of land bounties have also been granted by 
special acts of Congress growing out of wars prior to 1861 
in addition to numerous grants of land for specific services 
in lieu of Federal and State debts incurred in time of war 
and for these no definite figures are obtainable , 

The original policy of Congress in the disposition of 
the public domain was the sale of the land for cash, and 
for profit or in extinguishment of debts. At the national 
convention in 1853, the party known as the "Free Soil Democracy* 
adopted as the twelfth plank or resolution in their platform. 
"That the public lands of the United States belong 
to the people, and should not be sold to 
individuals nor granted to corporations, but 
should be held as a sacred trust for the benefit 
of the people, and should be granted in limited 
quantities free of cost to landless settlers." 

The question of the disposition of the public lands 
had .agitated for many years some of the ablest men of the 
nation. The question of granting the public lands to actual 
settlers who would occupy, improve, and cultivate them for 
a term of years and receive a patent the re for, ' became a 
national question for ten years. May '20, 1362, the 
homestead act was passed. Immediately, there was a rush 
to the western lands, and the western States became dotted 
with local land offices conveniently located to handle the 
vast volume of business that poured in-, as settlers from 
the east tool; advantage of the liberal homestead laws. 

It was stated by President Johnson in 1865 when 
calling attention to the successful operation of the home- 
stead act, that lands in the hands of the industrious 
settlers whose labor' creates wealth and contributes to 
the public resources, arc worth more, to the United States 
than if they had been reserved in solitude for future 
purchasers. Settlers on Government lands were exempt 
from taxation as to the realty prior to the issuance of 
final certificate, which followed final proof, and the 
lands were also exempt from liability for debts contracted 
prior to the issuance of patent. 

The policy of Congress had been to 'extend favors 
to soldiers and sailors whenever possible, and when stock 
was taken of the many benefits conferred upon the general 
public by the homestead act, it was observed that the pre- 
ferences theretofore given to soldiers had been discontinued. 
June 8, 1872, an act was passed which provided that the 
homestead settler who had served' for more than 90' days during 
the Civil War, in the Army", Navy, or Marine Corps, should be 
entitled to have the period of his military service deducted 
from the time required to perfect title to the lands claimed, 
patents, however, should not issue to any settler who had not 
resided upon, improved, and' cultivated his homestead for a 
period of at least one year, after the commencement of 
improvements thereon. The passage of this act made the 
settlement of the west especially attractive to the veterans 
of the Civil War; Already the tide was setting in from the 
cast to the west, and by limiting the time a man need reside 



-13- 

upon his homestead, it allowed the poor man to pursue his tr 
or calling else/where and still retain his land. How many 
million acres were affected by the act of 1872 there is no way 
of ascertaining, for no separate records are kept in the 
General Land Office showing the proportion and area covered by 
entries made by ex-soldiers who have used their military 
service in lieu of residence in perfecting title to their lands. 
Nor does this privilege cease with the life of the soldier, for 
his widow could also use the military service of her deceased 
husband in acquiring title to a homestead, and minor orphan 
chi 1 dre n have the s amc pr i vi le ge . 

Congress also provided if soldiers served for ninety 
days and were honorably discharged, and made a homestead entry 
prior to June 22, 1874, for less than 160 acres, they should 
be entitled to a soldier's additional homestead entry, with- 
out the requirement of residence and cultivation, for the differ- 
ence between the land entered and 160 acres. Under the original 
instructions issued in connection with this legislation, this 
right was held to be personal and non-assignable and could only 
be exercised by the entryman in his own name, or by his widow 
or minor -orphan children; but since the decision of Webster v. 
Luther (163 U. S., 331), the right has been held assignable. 

The laws relating to the disposition of the public domain 
have not been changed of recent years except to make them more 
liberal, and to eliminate insofar as possible the hardships 
following the talcing up of new lands and 'making homes in what 
was once called the wilderness. In 1912, the period of 
residence required to perfect title to a homestead entry was 
reduced from five years to three years. The period of residence 
required of a person with military or naval service, during 
the Civil, Spanish, or World Wars, has been reduced so that a 
soldier who is credited with two years service, is required 
to reside on the land seven months only, he being, in common 
with all homestead entrymen, allowed five months constructive 
residence. Prior to 1909, the amount of land that could be 
acquired as a homestead was limited in the main to 160 acres. 
This was changed with the passage of the Act of February 19, 
1909, to 320 acres, whe re ' the land was arid and non-irrigable 
in character; and in 1916, the area was increased to 640 acres 
of grazing or semi-arid lands* 

There are many other laws under which the public domain 
may be acquired, but military service can be used only in lieu 
of residence on homestead entries. Military Bounty Land Warrants 
may still be used in lieu- of cash in making payment' on 
preemptions where ' allowed, payment for desert lands, and timber 
and stone entries, and also fo± lands ordered into market as 
isolated tracts. 



-14- 

In reviewing the varied legislation which has teen 
enacted "by Congress having in view i;he settlement of the 
public domain in small tracts for actual homes, "by men who 
rushed to the (defense of the nation in her hour of perii. f one 
cannot help but be impressed by the far-seeing vision of the 
men who enacted the legislation the effect of which was to 
settle the vast territory east and west of the Mississippi 
River, and at the same time reward its gallant defenders, by 
giving them a chance to secure homes and property* 

The public domain has steadily decreased in area, well 
cultivated farms, villages, towns , and cities now dot the 
western prairies. The land offices have vanished from the 
middle western states, and slowly but surely the Federal 
Government is passing title to call its vast domain. Still, 
only the pessimist will say that opportunity has passed also. 
In many places in the west land still waits the magic touch 
of water and the care and attention of the man who is willing 
to endure hardships while waiting the return of his efforts 
toward making the desert blossom- as x the rose. 

Not to those equipped only with wishbones does the west 
extend her 'welcome, but to those with backbone, and the vail 
to succeed, willing to bear the heat and burden of the day, and 
by so doing to mate a place for themselves in the economic 
structure of the United States. 

FREE NATURE GUI IE' SERVICE IN THE NATIONAL PARKS. 



From the Swiss Alps and the fjords of Norway has come 
the germ of the nature guide movement which is proving such an 
attractive feature to the hundreds of thousands of visitors to 
the national parks. The first experiments in nature guide work 
in this country were conducted by the California Fish and Game 
Commission in Lake Tahoe resorts, California. In 1920 the nature 
guide service was commenced in Yosemite National Park in coopera- 
tion with the National Park Service and proved tremendously 
popular with visitors. Over 27,000 visitors made "use ©;f the 
service which is given without charge of any kind; In 1921 the 
Yosemite Nature Service served over 50,000 visitors and somewhat 
similar service was furnished visitors in Yellowstone Park. This 
year the free nature guide service will again bo available in 
Yosemite and Yellowstone Parks and will be installed for the 
first time in Glacier National Park. The nature guides give 
lectures and camp fire talks and conduct visitors 'on nature study 
field excursions. Anyone puzzled regarding birds, animals, 
insects, wild flowers, trees, or natural curiosities or features 
of the parks may obtain information about these without charge 
by applying to the park nature guides. 

• " RECENT IE CIS IONS OF THE COURTS AND THE IS PARTUS NT. 

Railroad Right of Way. 

Under the act' of Congress' of July 2, 1864, amending 
that of July 1, 1862, and permitting a change of route so that 
a road, at first authorized to be built through Kansas into 



-15- 

Febraska; might at the election of the company be built into 
Colorado, the 400- foot right of way, provided for in the first' 
act, attached to the road when constructed along the new route, 
even as against claimants whose title originated in 'settlements 
under the homestead and preemption laws after the passage of the 
second act, although before the construction of the road and 
before the filing of any map showing the new route; .and this 
rule is not affected by the fact that after the passage of the 
second act and before the settlements in question, the railroad 
company had filed a map showing its general route along the line 
first authorized. 

Railroad right of wa y- Adverse possession . 

Although the federal statute of April 28, 1904, validating 
conveyances of portions of a railroad right of way granted by 
Congress has been held to cover the acquisition of title 

through adverse possession, that enlargement of the term 
'conveyances and agreements » in the act of June 24,1912, is not 
permissible, for that act contains an additional paragraph as 
to the effect of adverse occupancy which controls that feature of 
the subject, and has been held not to allow the loss of title 
through the operations of the statute of limitations, except 
by the running of the full period subsequent to the passage 
of the act of Congress. (Supreme Court of Kansas). 

Union Pacific Railroad Company v. Heger et al. 

(204 Pac. Rep. 1008) , 

Water Courses --Riparian Rights. 

A riparian owner may appropriate water running through 
upper land owned by the Government, to the extent that the 
water is reasonably necessary to satisfy the uses to which 
it is designated to be put, though the effect is to deprive 
the upper property of any riparian right in the stream. 
(California District Court of Appeal). 

Rindgc et al.v. Crags Land Company et al.. 
(205 Pacific Reporter, 36). 

Practi ce- -Rejected Application. 

An applicant for entry of public lands, whose application 
was rejected by decision which became final an the withdrawal 
of the appeal therefrom, has no standing to question the 
validity of a subsequent entry by another covering the same land* 

R csurvey--Application for Entry. 

An original application for entry of desert lands in 
the Imperial Valley, made before the re survey was approved, 
which describes the lands by subdivisions covering the land 
in controversy under the re survey as subsequently approved, but 
not under the original survey, is held not to cover the lands 
in controversy. 






-16- 

Be se r t L an d Re c 1 an a t i o n . 

The commencement of work of reclaiming desert land upon 
r, portion of the tract the applicant 'desired to enter, which 
was tlien covered "by an 'existing entry, so as to he segregated 
from the public domain, does not give the applicant a preference 
right to enter the land after the approval of the survey under 
the act of March 23, 1908, though' the conflicting entry was 
thereafter canceled "by his contest. (California District Court 
of Appeal) . 

Kendall v. Bunnell, [ 205 Pacific Reporter, 78). 

Desert Land- -Assignment — Final Proof--Pay me nt--Survey. 

Where final proof is submitted, hut final payment and 
adjustment to the plat of survey is not made, equitable title 
does not vest in the entryman and the assignment of such entry 
is governed by the regulations relating to assignments. 

pe se rt Land — As s ignme n t- -P a yme nt- - S urve y - - Con t e s t . 

A contest against a desert entry based on the charges 
that the assignee was disqualified to tahe by assignment and. 
that the entryman had defaulted, must be sustained where the 
assignment had been made prior to final payment .and adjustment 
to the plat' of survey, and no answer to the contest allegations 
was made after due service of notice. 

Departmental Decisions Cited and Applied. 

Cases of Simeon S. Hobson (29 L.D., 453), Bone v. 
Rockwood (38 L.D., 253), and Watson v. Barney et al. (48 L.D., 
308), cited and .applied. 

Freeman v. Laxscn et al; decided January 7, 1922, by 

First Assistant Secretary Finney. 

Mining Clai m- -Mineral Lands — Pa tent- -Adverse Claim — Courts-- 
L an d De p a r t me n t . 

Where it has been determined by a court of competent 
jurisdiction in a controverted case that a lode was not a vein 
or lode known to exist at the date of a placer application 
upon which a patent had issued, the Land Department will not 
undertake a reinvestigation of the issue, but will adopt that 
conclusion and refuse to entertain an application to make 
mineral entry under an alleged lode location. 



-17- 
Court Dec isions C ited and Applied » 

Cases of Thomas v. South Butte Mining Company (£11 
Fed., 105; 230 Fed., 968.), and South Butte 'Mining Company 
v. Thomas ct al., (260 led., 314; 253 U.S. ,486), cited and 
applied. 

South Butte Mining Cc . , v. Thomas ct al. , decided 

January 10, 1922, "by First Assistant Secretary 

Finney. 

Conte s t — Home s te ad- -Abandonment- -Hi li tary Sc r.vi cc - - Af f i davi t 

Judg m ent- -H e in statement^ 

To meet the requirements of the act of July 28, 1917, it 
is necessary to allege in a contest affidavit charging 
abandonment that the absence "was not due" to military or 
naval service, and an application to contest based upon the 
charge that the absence "is not due" to such service is 
dc f e c t i ve an d wi 11 not j us t i f y the c an ce Hat i on of an entry 
on adefault judgment where no evidence was offered to prove 
that the abandonment "was not due" to military or naval 
service; and an entry so canceled on such a judgment should 
be re i ns t ate d . 

Campbell v. De Haven; decided February 3, 1922, by 

First Assistant Secretary Finney. 

eQ°£JL G st— Af fi davit--Ab andonme nt--Homc ste ad — Hi li tary Sc r vi ce 
Act of J uly 28, 1917. 

Failure to allege in a contest affidavit that the 

abandonment of a homestead entry was not due to military or 
naval service is not sufficient ground for the dismissal of 
a contest when it conclusively appears that the physical.. 
condition of the entryman was such as to incapacitate him 
from such service, thereby excluding' him from the class 
for v.hose benefit the act of July 28, 1917, imposed the 
re quircment. 

Conte s t--Contc s t ant- -Home s te ad- -F racti ce — Jud gme nt . 

Process should not issue on an application to contest a 
home etc ad entry, after the death of the entryman where the 
contestant, having knowledge of the fact, fails to set forth 
the name and residence of each party adversely interested; 
together with the ago of each heir, as required by Rule 2, 
Rules of Practice, and, if process inadvertently issue, a 
default judgment directing cancellation cf the ntry will not 
be sustained in the absence of soibmission cf proof of the charges. 



-18- 

Pepartmental Decisions Cited and Followed. 

Case 3 of Goudy v; Heirs of Morgan (44 L,r., 376),' 
Moody v. Myers (45 L.I)., 446), Thomas 'v. Richey (43 L.D., 
181, Evans v. Woodward (48 L..D., 232), cited and folio to di 

War ne r v , B as haw ' s He i rs • do c i de d !Ec "b ruary 3 3 1922, 

by First Assistant Secretary Finney, 

Conto s t --Mi li tary Service — IT aval Servic o--Affi davits --Act of 
j vly '2 S , "19 3.'7 t -£>*ha t ut c- s . 

The non-military and non-naval service averment 
required by the act of -July 28, 1517, must "be expressed in 
the words of the statute or "be sufficiently broad to include 
both military and naval service, and contest affidavits which 
contain expressions as "said default was not due to military 
service of any kind or service in any organization connected 
with the military department of the United States ," and 
"absence was not due to military service of any nature" arc 
defective , 

Cont est --Hilitarv Se rvi ce — Affidavit — Juris diction--A ct of 
July 28"j 1917— Statu tes, 

The non-military and non-naval service averment 
requirement of the act of July 28, 1917, is directory and 
mandatory, but it is net jurisdictional where, a contest 
having been entertained upon a defective affidavit, it is 
conclusively shown that the contcstee was not of the class 
for whose benefit the legislation was enacted, notwithstanding 
that a department?.! regulation makes it compulsory that such ' 
requirement shall be complied with in all contests thereafter 
initiated, 

Co n te s t — Hi 1 i t ary Service --Aff idavit- -Act o f July J!§ 



While the provisions of the act of July 28, 1917, 
\7ere intended to afford protection only to those of the 
class specified in the statute, yet a departmental regulation 
requiring the non-military and non-naval service averment in 
every contest affidavit thereafter filed is not only a proper 
one but is also necessary in determining whether a contestee 
was or was not in the military or naval service. 



-19- 

Cc i" to s t — Con te s tant — Mi li tary Sc rvi co — Prac ti cc ~ - Af f i davi t . 

The act of July 28, 1917, which was intended to protect 
those coming within the class specified in the statute, 
relates to the matter of pleading, the burden being placed 
on the contestant at the outset, but if the contcstce fails 
to object' to the allowance of a contest upon a defective 
affidavit, and it is afterwards conclusively shown that the 
latter is not entitled to the protection of the act, advantage 
cannot then be taken by employment of a technicality under a 
departmental regulation to set aside a judgment holding the 
entry for cancellation for good and sufficient reasons. 

Contest — Re ins ta t cment— E vide nee . 

An answer incorporated by a contestee as a part of his 
motion for reinstatement of a contest is to be treated as 
evidence in the consideration of the case upon appeal on 
denial of the motion. 

Departmental [Decisions Cited and Followed. 

The cases" of Thomas ' v. Richey (48 L.D., 18l) , and 
Evans v. Woo award (48 L:D.,232), cited and fbllowed. 
Foulk v. Neils on j decided February 10, 1922, 
by First Assistant Secretary Finney, 

Gil and Gas Lands- -Prospecting Permit "-Second Homestead Entry-- 
Relinquishment- -Preference Right. 

An application for a second homestead entry under the 
act of September 5, 1914, filed by one having the requisite 
qualifications, assumes, during the pendency of action as to 
the question of its allowance, the status of an entry within 
the operation of the oil leasing act of February 25, 1920, 
irrespective of whether or not he executed a formal 
relinquishment, and confers upon the applicant a right to 
prospect the land superior to that of a prior applicant for 
a permit without a preference right. 

Arouni v. Vance; decided February 10, 1922, 

by First Assistant Secretary Finney. 

APPlication--Watcr Exploration Pcrmit--Act of October 22 f 1919. 

Lands within a proven artesian veil area in which wells 
are being successfully used for irrigation at a reasonable cost 
are not of the character that the act of October 22, 1919, ' 
contemplated should be designated as subject to exploration, and 
an application for a water exploration permit embracing lands 
within s/uch area must be denied, notwithstanding that it has 
not been clearly shown that all of the lands described in the 
application can be thus ' irrigated. 

Heller v. Hart; decided February 15, 1922, 

by First Assistant Secretary Finney. 



-20- 

Re clamaticn H ome s te ad- -Wi thdrawa l- -Re linqui shment - -Acts o f 
June 25, 19J0, and' Au gust 13, 1914, 

The proviso to section 10 of the act of August 13, 1914, 
which amended section 5 of the act cf June 25./ 1910. 'does' not 
contemplate" that lands entered prior to June 25, 1910, and 
relinquished subsequently to the creation of a second form 
reclamation withdrawal, shall he subject to entry before the 
establishment of farm units and an.no uncement of the availability 
of water, except by one who had acquired an equity in the 
relinquished entry. 

repartmental Decisions Ci t ed and Followe d. 

Cases of Ethel L. Catron (42 L.D., 7), Pre de rick ' 
Steebner (43 L.D., 263), and Fred Anderson (45 L.D., 504), 
cited, nnd followed, 

William Warnlce ; -decided February 25, 1922, by 

First Assistant Secretary Finney. 

Cil and Gas Lands- -Pro ? p ecting Permit- -No ti ce --Pr e fore n e e Right. 

The act of February 25, 1920, does not require the post- 
ing of notice on the land preliminary to the filing of an 
ap pi i c a t i on f o r an oil an d g as p ro s pe c t i ng pe rmi t , an d o ne who 
posts notice and applies for a permit under section 13 of the 
act after the filing "of an application by another under that 
section, does not acquire a preference right to a permit. 

G il and Gas Lands - -Pro spc c ting Permit- -Compactness --Electio n. 

Where an applicant for an oil and gas prospecting permit 
under section 13 of the act of February 25, 1920, in good 
faith presents an application which does not conform to the 
requirements of the statute as to compactness, and the Land 
Department requires an'election as to the land to be retained,' 
the privilege to elect, if exercised within the specified time, 
is not defeated "by an intervening application filed by another 
under that act. 

Departmental D e cisi on Cited. 

Case of Fred Matthews (48 L.D., 239), cited. ' 
Spindle Top Cil Association v. Downing et al., 
decided February 22, 1922, by First Assistant 
Secretary Finney. 



Notice -Supe^ snrv Author -it. y-P.nntest-Judgment-Hearinf;, , 

Supervisory authority is not designed to enforce 

are not sufficient grounds for ^volong it , c^ci oe . 
Witte v. Sefbert; decided March 13, 1922, 
by First Assistant Secretary Finney. 

Second TTftiaBBtead-C nritBBt-iBeBiapnce— Notice,,, 

the date of entry, is not applicable to a second nom 

proplrly notified of the allowance of the entry. 
^^.rt^ntalDeM^orve Cited. Applied, and Distinguish^ 

Case of Fame 11 et al., v. Broun (21 L.B., 394), ' 
cited and appned; case of Gauss v. Phelps (44 L.D.. 180), 

Cited ^xST^erau* and Wil *£ i*-**^- uary 
6, 1922, hy First Assistant Secretary Jinney. 

.„■,. vp; .nio, of Practice --Ccj^s^io iE ^^te^e il eral_Land_ 
Of f i ce - - ^vyr- al- - Ju ris di et i on.. 

The principle P»*°»V •*«??£*£,££ KoSssioner 
that Rule 72, Rules ofPrafttxeB.^aDM "^^^"tin, either 

% £ rLli^or^^'^n^eJI V- d to an^ror 

r x S i0 -es:°lVnrt n to de he rin co S n^. C d r as1on!ined to oases 

of that class, 

R oho o 1 Lan d- -He w Me xi co ._ 

The grant to t»«a* of „*£**£ ^l^poses 
■ ^l^^hfenahl^c " ^une » ,m0^ c( 
SS?S ^^Bta^VnL^r^oron^anuary ., 19X2. 
De partmental ty^.-j sions Cited a rid Cons trued. 

n ,o rtf ^than'H Pml-erton (40 L.D., 266), Stewart 

l AfiT -n 11). cited and construed. 
48 L.U., J-^J. ^ K+a+e n f lie v; Ivte xi co ; decided 

SKS^*wt i5b!T»»t As8istani seorotary 

Finney, 



Oil an d Gas Lands- -Prospecting" Permit- -En try — Words and Phrases 
^-Statutes . 

An oil and' gas prospecting permit is not an "entry" within 
the meaning of that tern as it is used, in the statutes relating 
to the public lands. 

Oi l and G as Lands --Prospecting Pormit--Contestant--K omc stead-- ■ 
Pre f o re n ce R.i ght . 

The preference right accorded "by the act of May 14, 1880, 
as -amended by the act of July 26, 1892, to a contestant who 
acquires the cancellation of a homestead entry as the result of 
his contest is not applicable with respect to an oil and. gas • 
prospecting permit under section 13 of the act of February 25, 
1920. 

Departmental Decisions Cited. 

Case of Braucht et. at. v. Northern Pacific Railway 
Company et al. (43 L.D., 536 j ,: .cited* 

American v. Mackenzie; decided March 3, 1922, 
by First Assistant Secretary Finney. 



APPROVED OPINIONS OF MR. E. C. BOOTH, SOLICITOR FOR THE INTERIOR 

DEPARTMENT. 

Fort Hall Lands --Indian Lands--AllotmCnt--Alienati6n — Se c retary 
of the Interior. 

■.' The acts of Hay 27, 1902, March 1, 1907, , and June 25, 
1910, granting authority to the Secretary of the Interior to 
approve sales of lands allotted to Indians and to otherwise 
remove restrictions against alienation by the issuance of 
certificates of competency are applicable to lands allotted to 
the Indians of the Fort Hall Reservation, Idaho, thus removing 
the requirement of approval by the President imposed by the act 
of February 23, 1889, with respect to the alienation of lands 
allotted in severalty within that reservation. 
Submitted September 29, 1921: 
Appro ve d : 

F. M. GOODWIN, 

Assistant Secretary, 

Oil and Gas Lands --Pr osp ecting Permit- -Water Power--V/ords and 
Phrases - -S tatute s . 

An oil and gas prospecting permit or a lease consequent 
thereon, granted pursuant' to ■ the act, of February 25, 1920, does 
not constitute an "entry", "location", or"other disposal" of 
the land included therein; within the meaning of those terms as 
contemplated by section 24 of the water power act of June 
10, 1920. 



,23- 



Cil and Gas Lands— Prospecting Perm it—Reservation mthdraway 

^k^I"P^i7 Commission -- Secretarv of t he interior- Jurisdiction., 

The authority conferred upon the federal Po^r' Commission 
by subdivision (h) of section 4 of the act of June 10, i 920, 
to make such rules and regulations not inconsistent mth the 
purposes of the act as may he necessary and P ro ^ r r f^ h ^^ hat 
purposes df carrying out its provisions, doe* not clothe that 
commission mth jurisdiction to require the *?f ***°" °* con . 
restrictions iiroil and gas prospecting permits and leases con 
^eauont thereon, issued by the Secretary oi tne Interiqi 
£t to the'act of February 25, 1920, for lands in P o,;er 
site "Withdrawals and reserves for pov.er purposes. 

Submitted September 30, 1921: 

Approved: 

ALERT B. ?ALL, 

Secretary. 

Flathead L:m^--l ^^^J^l^^^ms2^^^rJzA£ l ?* A ? ril 2 1*-M^ 

The irrigation sys terns on the Flathead Indian ' 

Reservation, Montana, constructed under the act oi ^pril £5, 
1904, do not constitute a "reclamation project" ^ c ontcmplated 
by the reclamation act and amendments thereto, ^°^ s ™ nd 
rArt of the irrigable lands have passed from Indian o.ynership ^d 
tS engineering lor!, is performed by the Reclamation Service. 

PI athe ad Le^s-O^^ 
let of July 19, 1919. 

The provision contained in the Sundry Civil Act of July 
IP 1919 directing that the proceeds derived from a lease Ox 
lands'vilhdra^'^r the recitation law -^t£p°SSSrtS 
the reclamation fund, is to be regarded ^^ ^^? t iJn Rejects, 
to "reclamation projects", and not to indian irrigation P-^0-« , 
in the absence of a clear intent to include project of the 
latter character. 

matte ad Landa-Tnaim Lands ~ ^.cTamation~I P aso--Withdrawal-= 
Payments. 

fono-rcss intended hy the act of April 23, 1904, to 
impress a K Son" the proceeds derived from the sale of 
Slotted lands in the Flathead Indian Rcservatx on ^ont^ a, 
.„/, the c-ner-1 provision contained in the Sundry oiyii a-t. 
of July f 9 1919? directing that the proceeds derived from a 
leasfoflaiias withdrawn under the reclamation law shall he 
covered into the reclamation fund, has no application to moneys 
"rived from tte leasing of lands .for ^cultural end 
grazing purposes in that reservation, v.itndxa ... s po 
reservoir sites under authority of section 22 of the act 
March 3, 1909. 



-24- 

Court Decisions Cited and Applied. 

Case's "6 f United States v. Nice (241 U.S., 591), ' 
and Ash Sheep Company v. United States (252 U.S., 159), 
cited and applied. 

Submitted Ccto"ber 2.2, 1921: 

Approved: 

B.C. FIMEY, 

First Assistant 
Secretary, 

Chippewa Lands — Indian Lands — Allotment- -Alienation- -Patent 
Will — Secretary of the Interior. 

Approval "by the, Secretary of the Interior, under 
authority conferred by the act of February 24, -1913, of a 
will by a Chippewa . allottee, devising Indian lands held 
under a restricted fee patent issued pursuant to the Treaty 
of September 30, 1854, does not remove the restrictions 
against alienation of such lands imposed by the provisions 
of that treaty* 

Chippewa Lands — Indian Lands--Allotment--Patent--y;ill — Fees -- 
Secretary of the Interior. 

The acts of' May 18, 1916, and February 14, 1920, 
authorize the Secretary of 'the Interior to collect certain 
fixed fees upon the approval of a will" of an Indian- allottee , 
and the .fees prescribed by law become due and collectible 
upon approval of the will of a Chippewa Indian .devising 
lands held under a restricted' fee-patent issved pursuant 
to the Treaty of September 30, 1.864. 
Submitted October 29, 1921: 

Approved: 

F. Ivi. GGGDWIN, 

Assistant Secretary, 

Flathead Lands --Indi an' Lands --Re clamation- -Payments -- 
Secretary of the Interior. 

The irrigation systems oiii the Flathead Indian 
Reservation, Montana, do not constitute a "reclamation 
project" as contemplated by the reclamation act, and con-' 
sequently neither section 3 of the act of August 13, 1914, 
the Indian appropriation act. of February 14, 1920, nor 
any other act of Congress authorizes the Secretary of the 
Interior to impose a money penalty or obligation to pay 
interest Upon land owners in that reservation who fail to 
pay the stated charges as, and when due. 



C ourt decisions Cited and App lied. 

Cases of MoTrill v. Jones (106 U. S., 467), Choate v. 
I Trapp (224 U. 3., 665), Swigert v. Baker (229 U. 3., 187), 
cited and applied. 

Submitted November 15, 1921 : 

Approved: 

E. C. FDTCEY, 

First Assistant Secretary, 

Crow Lands--Indian Lands - -Alio tment--Act of June 4, 1920. 

A member 'of the Crow Tribe of Indians who was enrolled 
on June 4, 1920, but who died subsequently thereto comes within 
the class entitled to a jpjrq rata distribution of the remaining 
unallotted alio table lands of the Crow Reservation, Montana, 
authorized by the act of that date, regardless of whether 
or not a selection was made prior to death, 

Cro w hand s - - In di an Lands - -Alio tmc n t- -He i rs - -De vi se c - -Se ere t ary 
of t he In terio r. 

An "expectancy" consisting of the right to share in the' 
final division of the unallotted lands in the Crow Reservation, 
Montana, is a descendible right. which in case of intestacy 
inures to the benefit of the heirs, and may be devised, subject 
to the approval of the Secretary of the Interior, pursuant to 
section 2 of the act of June 25, 1910, as amended by the act of 
February 14, 1913, 

Submitted November 22, 1921: 
Approved: 

TS 9 H. GC0DWI1T, 

Assistant Secretary. 

School Land--Indcmnity--Crow Indian Lands --Act of June 4. 1920« 

' 
Section 16 of the act of June 4, 1920, which granted 
to the State of Montana for common school purposes, two 
designated sections of non-mineral and non- timbered lands in 
each township in the Crow Indian Reservation, for which the 
State had not previously received indemnity, clearly intended 
that where the lands in place, or portions thereof, have 
been allotted or are mineral or timbered, the State shall be 
entitled to select other unoccupied, non-mineral and non- 
timbered lands in said reservation to the extent of such 
deficiencies, not to exceed, however, two sections in any one 
township. 

School Lands- -In demnity--Crow Indian Lands--Acts of February 
22 t 1889, and February 28, 1391. 

Where the State of Montana is unable to obtain in any 
township within the Crow Indian Reservation, the quantity of 
land, in place or as indemnity, granted to it for common' 
school purposes by section 16 o f the act of June 4, 1920, it 
is entitled under the provisions of the acts of February 22, 
1889 and February 28, 1893. to select other lands suhiert to 



-26- 

selection, outside of said reservation, in quantity to such 
loss . 

Court Decisions C ited and Applied. 

C as c s o f* Mini ng Co mp an y v . Co nso li date d Mi n i ng Co mpany 
(102 U.S., 167), and United states v. Sweet (245 U.S., 56 3), 
cited and applied. 

Submitted December 27, 1921: 

Approved: 

e.g. rorwEY, 

First Assistant Secretary, 

Indian Lands—Public Lands --Patent- -Heirs --Levi sees ^-Assignces-^ 
Wo r ds an d Phr as c s - -S t at ut e s . 



The term "public lands" as use d in the act of May 20, 
1836, later embodied substantially in section 2443, Revised 
Statutes, declaring that where a patent is issued, in pur- 
suance of any law of the United States, in the name of a 
deceased person, the title to the land designated therein shall 
inure to the heirs, devisee's, or assignees of the patentee, 
is to be construed to include "Indian lands.'' 1 

In dian Land's - -Allot ment — Patent — Secretary of the Interior-- 
Courts-- Juris diction . 

The Se ere t ary o f the I nte r i o r is wi tho ut po we r to c ama 
the cancellation of a patent in fee which has been placed' on 
record in the General Land Office, though never delivered, and 
where such a patent has been inadvertently issued, under 
authority of the act of May S, 1906, on the ground of competency, 
to a deceased allottee, even prior to the expiration of the 
trust period, the function of vacating the same rests 
exclusively in the courts.' 



Submitted March 29, 1922 
Approve d: 



GOODWIN , 

As s is t ant Se ere tary , 



Stock Dr i ve ways . 



Since the issuance of the last Bulletin, no lands have 
been withdrawn for stock driveway purposes, but certain 
driveway withdrawals theretofore made in Colorado, Utah and 
Wyoming have been reduced, the total area relc cased from such 
withdrawal during the period having been 7,765,50 acres. 

Withdrawal in Aid of Legislation. 

By executive order dated April 4, nine small islands 
in Lake Superior in the Isle Roy ale group, Michigan, were 
withdrawn in aid of pending legislation, embodied in H.R. 
8625, to grant the same to the State for public park purposes 



-23- 

(244) from stock driveway 

withdrawal* 

NEVADA: 

1,521 acres in White Pine 'County, Elko land district, 
rule ace d from stock driveway withdrawal and opened to entry 
under the homestead and desert-land laws by ex-service men of 
the War with Germany for' a period of ninety-one days, i.e., 
from April 28 to July 27, 1922, inclusive. Filings may "be 
presented at any time during the twenty days prior to April 
2*8, commencing April 8, 1922. And on and after July 28, 1922, 
any of such lands remaining unentered will "be open to 
appropriation under any public land law applicable thereto by 
the general public. The preference granted ex-service men in 
this restoration is subject to prior valid rights and equitable 
claims . 



LANDS OEEN TC ENTRY THROUGH SURVEYS AND 
RE S URVS YS , C ALI FGRN I A . 

(245) 

CALIFORNIA: 

Official plats of the survey and re survey of public 
lands in Ts. 17 and 18 S., R. 5 ~3 . , and T. 16 S., R. 6E., S.B. 
M., vie re transmitted to the Surveyor General for California 
with letter dated March 30, 1922, with instructions to 
transmit copies thereof to the U. S, Land Offices at Los 
Angeles and El Centro for official filing after the usual 30 
days notice. The date of filing will be fixed by the Registers 
of these offices. Approximately 23,600 acres will be open to 
entry and' siubject to prior valid settlement rights and equitable 
claims, ex-service men of the World War will be entitled to a 
preference right to enter these lands under the homestead and 
desert land laws for 91 days beginning with the date of filing 
of plats under public resolution No. 36 of January 21, 1922; the 
lands open to general entry on the expiration of the 91 days 
period. 

The lands are reported as mountainous and broken and 
valuable chiefly for grazing. 

LANDS CHEN TO ENTRY THROUGH 
(246) RE SURVEYS, COLORADO. 

COLORADO : 

The official plats'of the resurvey of public lands in 
T. 3 11,, Rs. 90 and 91 W., 6th P;M. ,, were transmitted to the 
Surveyor General for Colorado, with'lctter dated March 31, 1922, 
with instructions to transmit copies thereof to the U. S. land 



•27-. 

3SPARTJMTT OF THE INTERIOR 
General land Of rice 
W&s king ten 

PUBLIC LANDS RS STORED TO HOMESTEAD "ENTRY AND 
OTHER DISPOSITION BY PROCLAMATION, EXECUTIVE 
OR EE PARTUS NT AL ORDER. 

Preference Rights to Ex-Service Lien of the War with Germany. 

General Method of Opening^ 

By virtue of Public Resolution No. 29, of February 14, 
1920 (41 Stat., 434); as amended by ■ Public Resolution No. -25. 
approved January 21, 1922, hereafter and until February 15, 1930, 
when any un surveyed lands within the p--o TT is icrs of the public • 
resolution are opened or restored tc disposition under the 
authority of the Department, soich lands, unless otherwise provided 
in the order of res to rat ion, shall become subject to appropriation 
under the laws applicable thereto, in the following manner, and 
not otherwise; 

Lands not affected by the preference ' rights conferred by 
the acts of August IS, 1894 (28' Stat., 394) , or' June 11, 1906 
(34 Stat., 233), or Pe binary 14, 1920 (41 Stat. ,407), will be 
subject to entry by soldiers under the homestead and desert-land 
laws, where both of said laws are applicable, or under the 
homestead law only, as the case may be, for a period of 91 days, •■ 
beginning with the date of the filing of the township plat in 
the case of surveys or re surveys, and with the ' date specified 
in the order of restoration in all other cases, and thereafter 
to disposition under all of the public land laws, applicable 
thereto, except where homestead entrymen are granted a prior 
preference period under the order. Per a period of twenty days 
and for a li 1 ^ period prior to the date or dates such lands 
become subject to entry by the general public, soldiers in the 
first instance., and any qualified applicants in these cond, may 
execute and file their applications, and' all such applications 
presented within such twenty-day periods, together with those 
offered at nine o'clock a.m., standard time, on the dates such 
lands become subject to appropriation under *such applications, 
shall be treated as filed simultaneously. 

Unsurveyed lands are not subject tc homestead or desert- 
land entry. A homestead entry may embrace 150 acres, or an 
approximation thereof, and -where, the lands are of' the character 
contemplated by the 320 or 640 acre homestead acts , applications 
for the ^ unappropriated Lands may be filed by qualified persons, 
under either of said acts; accompanied by proper petitions, if 
undesignated, for the designation of lands thereunder, 'and 
such applications will be suspended pending determination as to 
the character of such lands. 

The following arc restorations or openings which will 
occur in the near future and concerning which further informa- 
tion may be obtained from the local offices: 



-29- 

office at Glenwood Springs, for official filing after the 
usual 30 days notice. The date of filing will bo fixed oy the 
Register at that office. Appro Ximatcly 17,900 acres will be 
opened to sntry and subject to prior valid settlement rights 
and equitable claims, ex-servi<3e men of the World War will be 
entitled to a preference right to enter the se lands under the 
homestead anddesert land laws for 91 days beginning with the 
date of the filing of the plats under public resolution T.o . 
55 of January 21, 1922; the lands open to general entry on the 
expiration of the 91 days period. 

The entire area is re rented as ■well watered with a good 
growth of native grasses affording an ideal grazing territory. 

(247) FRCH STOCK DRIVEWAY WITHDRAWAL. 

UTAH: 

5,561 acres in Iron County, Salt Lake City land district, 
open to homestead and desert- land entry by ex-service men of 
the War with Germany for a period of ninety-one days beginning 
April 28, 1922. Pilings may be presented at any time during 
the twenty days prior to that date. Any of such lands 
remaining unentered will be open to homestead entry only by any 
qualified entryman from July 23 to August 5, 1922, inclusive. 
400 acres of the area are classified coal lands at (10 per' 
acre, and are sab.ic ct to surface entry only under said laws, 
and' 2-30 acres are withdrawn for power-site purposes and 
subject to entry only under the conditions of Section 24 of the 
federal Water Power Law. On and after August 4, 1922, any 
lands remaining unentered will bo subject to appropriation under 
any public Land lav/ applicable thereto by the general public. 
The l ands / r% y fe ase d from stock driveway withdrawal and 
approximately 2,700 acres thereof are designated under the 520- 
acre homestead lav/. The preference granted ex-service men in 
this restoration is subject to prior valid rights and equitable 
claims . 

FROM STOCK DRIVEWAY 

(248) WITHDRAWAL. 

COLORADO: 

724 acres 'in Garfield. County, Glenwood Spring's land 
district and 1119 acres in Mesa County, Montrose Land District, 
open to homestead end desert-land entry by ex-service men of 
the War with Germany for a period o f ninety-one days, beginning 
Kay 2, 1922. Pilings may be presented at any time during the 
twenty days prior to that date. The lands in the Montrose 
District are classified coal lands, and approximately 640 acres 
are embraced in permits to explore for oil and gas under the 
act of February ,25,, 1920, and are therefore subject to surface 
agricultural entry only, and 160 acres thereof are also 
Withdrawn for pouer purposes. On and after August 1, 1922, 
any lands remaining unentered will be s Uhje et to appropriation 
under any public land law applicable therexo by the general 
public. The lands are released from stoch driveway withdra 1, 
The preference ganted ex-service men in this restoration is 



-de- 
selection, outside of said reservation, in quantity to such. 
loss . 

Co urt De ci s i ons C i to d and Anplie d . 

Cases of 'Mining Company v. Consolidated Mining Company 
(102 U.S., 167), and United States v. SwBet (245 U.S., 563), 
cited and applied. 

Submitted December 27, 1921: 

Approved: 

E.G. FI1THEY, 

First Assistant Secretary. 

Indian Lands--Public Lands--Patcnt--Reirs --Devi gees „-Assignces- ^ 
Wo r ds an d Phr as c s - -S t at ute s . 

The term "public lands" as used in the act of May 20, 
18-36, later embodied substantially in section 2443, Revised 
Statutes, declaring that where a patent is issued, in pur- 
suance of any law of the United States, in the name of a 
deceased person, the title to the land designated therein Shall 
inure to the heir^, devieees, or assignees of the patentee, 
is tc be construed to include "Indian lands . : ' 

In dian Land's - - Allotment — Paten t — Secret ary of t he Interior-- 
Courts --Juris diction . 

The Secretary of the Interior is without power to cawe 
the cancellation of a patent in fee which has been placed' on 
record in the General Land Office, though never delivered, and 
where such a patent has been inadvertently issued, under 
authority of the act of IT ay S, 1906, on the ground of competency, 
to a deceased allottee, even prior to the expiration of the 
trust period, the function of vacating the same rests 
exclusively in the courts. 

Submitted March 29, 1922: 



Approved: 

P. M. GOODWIN, 



As s i s t ant Se ere t ary % 

Stock Dr i ve ways . 

Since the issuance of the last Bulletin, no lands have 
been withdrawn for stock driveway purposes, but certain 
driveway withdrawals theretofore made in Colorado, Utah and 
Wyoming have been reduced, the total area released from such 
withdrawal during the period having been 7,765,50 acres. 

Withdrawal in Aid of Legislation. 

By executive order dated April 4, nine small islands 
in Lake Superior in the Isle Royale group, Michigan, were 
withdrawn in aid of pending legislation, embodied in H.rt. 
8625, to grant the same to the State for public park purposes 



-23- 

(244) FROM STOCK DRIVEWAY 

WITHDRAWAL* 

NEVADA: 

1,521 acres in White Pine 'County, Elko land district, 
released from stock driveway withdrawal and opened to entry 
under the homestead and desert- land laws by ex-service men' of 
the War with Germany for ' a - period of ninety-one days, i.e., 
from April 28 to July 27, 1922, inclusive. Filings may he 
presented at any time during the twenty days prior to April 
2'8, commencing April 8, 1922. And on and after July 28, 1922, 
any of such lands remaining unentered will be open to 
appropriation under any public land law applicable thereto by 
the general public. The preference granted ex-service men in 
this restoration is subject to prior valid rights and equitable 
claims . 



LANDS GPE1T TG ENTRY THROUGH SURVEYS AND 
RS S URVE YS , CALI FGRN I A. 

(245) 

CALIFORNIA: 

Official plats of the survey and resurvcyof public 
lands in Ts. 17 and 18 S., R. 5Z., and T. 16 S., R. 6E,, S.B. 
M., vie re transmitted to the Surveyor General for California 
with letter dated March 30, 1922, with instructions to 
transmit copies thereof to the U. S. Land Offices at Los 
Angeles and El Centro for official filing after the usual 30 
days notice. The date of filing will be fixed by the Registers 
of these offices. Approximately 23,600 acres will be open to 
entry and' siubject to prior valid settlement rights and equitable 
claims, ex-service men of the World War will be entitled to a 
preference right to enter these lands under the homestead and 
desert land laws for 91 days beginning with the date of filing 
of plats under public resolution No. 36 of January 21, 1922; the 
lands open to general entry on the expiration of the 91 days 
period. 

The lands are reported as mountainous and broken and 
valuable chiefly for grazing. 



LANDS OFEN TO ENTRY THROUGH 
(246) RE SURVEYS, COLORADO. 

COLORADO : 

The official plats 'of the resurvey of public lands in 
T. 3 11,, Rs. 90 and 91 W., 6th P;M. #> were transmitted to the 
Surveyor General for Colorado, with'lctter dated March 31, 1922, 
with instructions to transmit copies thereof to the U. S. land 



-30- 

subjcct to prior valid rights and e quitable claims* 



(249) 

IDAHO • FROM SEG REGAT ION I MIER THE CARFY ACT, 

37,059.33 acres of land in Butte County, Hailey and 
Blackfoot land districts, open to entry by Carey Act and 
adjoining cntrymen and patentees under the Acts of' 
February 14, 1920 (41 Stat., 407), and December' 29, 1916, 
(39 Stat. ,362),, from May 18 to August 15, 1922, inclusive. 
In case of an application by Carey Act claimant timely 
filed, all conflicting applications will be suspended pending 
action thereon. In any case where the Carey Act application 
is rejected., claims of adjoining entrymen and patentees, 
timely asserted, will have preference. Any lands that 
remain unentered will be open to entry under the homestead and 
desert land laws by ex-se rvice 'men of the World War from 
August 16 to November 14, 1922, inclusive. During the 
preference right period granted to Carey Act and adjoining 
entrymen or patentees, that is from May 18, 1922, to 
August 15, 1922, inclusive, ex-service men may file their 
applications, but all such applications will be considered 
as-filed simultaneously and conflicting applications by 
ex-service men will be 'disposed of by I6t. From ITovember 
15, 1922, to December 5, 1922, inclusive, any remaining lands 
will be subject to entry under the ho ltd stead law only by 
the general public. During the 20 days preceding November 
15, 1922, applications to make homestead entry may be filed 
by the general public, such applications to be considered 
as simultaneously filed and conflicting applications to be 
disposed o f by lot. On and after December 6, 1922, any of 
the said lands remaining unentered will be subject to entry 
by the general public under any applicable land laws. 

(250) 

UTAH: FROM STOCK. DRIVEWAY WITHDRAWAL. 

1,765 acres, of which 880 acres are surveyed, in 
Garfheld County, Salt Late City land district, released from 
stock driveway withdrawal. All of the lands are embraced 
in a withdrawal for coal classification and, where surveyed, 
are open to surface homestead and desert- land entry only by 
qualified ex-service men of the War with Germany for a period 
of 91 days, i.e., from May 25 to August 23, 1922, inclusive. 
Filings may be presented at any time during the 20 days 
prior to May 25, 1922, commencing May 5. Any of said surveyed 



lands remaining unentered will be open to surface homestead 
entry only by any qualified cnt'ryman from August 24 to 
August 30, 1922, inclusive, And on and after August 31, 1922, 
any of the releasee 1 , lands remaining unentered will "be open 
to appropriation under any public land law applicable thereto 
by the general public. Available information indicates that 
the lands are rough and mountainous. 

(251) 

WYOMING: FROM STOCK DRIVEWAY 

WITHDRAWAL. 

3;396.27 acres in Carbon Cairn tv,, in the Cheyenne land 
district r -all but 40 acres embrace a in permits or pending 
applications for permit to explore 'for oil and gas under the 
act of February 25, 1920 (41 Stat., 437), -ope nod to entry 
under the homestead and desert land laws by ex-service men of 
the viar with Germany for a period of 91 days, beginning May' 
26, 1922, with a reservation, where included in such permits or 
applications for permit, of the mineral content to the United 
States, and subject to the right of the permittee or lessee to 
use so much of the surface of the land as may be necessary in 
prospecting or extracting and removing the mineral deposits 
without compensation to the non-mineral entryman. Filings may 
be 'presented at any time during the twenty days prior to May 
26, 1922. On and after August 25, 1922, any of the lands 
remaining unentered will be subject to disposition' under the 
applicable public land laws by the general public, non-mineral 
entries being subject to the conditions above mentioned. 

OIL ME GAS ACTIVITIES. 

Luring the month of April the permit section acted on 
1855 applications; 395 permits v.e re granted, -and 182 vere 
finally rejected. On 304 applications preliminary action was 
tafen upon examination of the case, 352 were re je etc d subject 
to appeal, extensions of time were allowed on 116, and 25 
Departmental decisions were' promulgated. During the month 
182 new cases were filed and 1671 cp.se s were returned to the 
section for further ■ consideration. 

On April 1, 1922, a reprint of Circular 801, containing 
regulations under act of' January 11, 1922, was issued emending 
the circular of March 28, 1922, in order to bring permits 
granted under section 19 of the leasing act within the 
provisions of the act of January 11, 1922. 

The oil-leasing section reports for the month of April 
the final disposition of 78 oil and gas applications under the 
"relief" sections of the leasing act, there having been finally 
rejected and closed 53 such applications, and 4 leases and 21 
permits having been delivered. This section acted on 122 
other applications after consideration of new matter received in 
the office. There were returned to this section 195 cases for 
further action upon additional showing of cause, etc., required 
by office letters and decisions. 



Receipts under the mineral leasing act for the months of 
February and March, from bonuses ^ . rentals* and royalties, were 
0527,-943.70 and $511., 994. 55, respective ly. cf these amounts 
027,926.81 for February and 063/083.10 for March were for oil 
take n from Naval Pe t ro le urn Re se rve s . 

Mr. John McMechan is now in general charge of applica- 
tions for oil and gas prospecting permits and leases under the 
mineral leasing act, while Mr. R. W. Tallman has special 
charge of applications under the relief sections of said act. 

ALASKA ALTOTMENTS^RIGHTS 01 WAY. 

On April 4, 1922, the Department directed that the right 
of way for the construction of railroads, telegraph and 
telephone ' lines authorized by the act of March 12, 1914 
(38 Stat. ,305, 307) , should b? inserted in all certificates issued 
to native Indians and Esqutncs of. Alaska under the act of 
May 17, 1906 (34 Stat"., 194 ; s whether the applications were 
filed prior to the passage of the act of 1914 or afterwards. 



Circular No, 801, 

(Reprint April 1, 1922, with ajnend^ents approved March 26, 1922.) 

DEPARTMENT OF THE INTERIOR 

General Land Office 

V/ashington 

January 15, 1922. 
L :Instructions:Leasing Act. 
Extension of time. 

Registers and Receivers, 
Local Land Offices. 

Sirs: 

By act of Congress approved January 11, 1922, Public No, 127, the Secretary 
of the Interior was authorized to grant an extension of time under oil and gas 
permits granted pursuant to the Act of February 25, 1920 (41 Stat., 437). 

The text of the act is as follows- 



of \l lt Pnacted b V ths Senate and House of Representatives 
the s Unitrd Gtates of America in Congress assembled, That 
oil Q ecr ^ tar y of the Interior may, if he shall find that any 
diljyj rf G pC;nTlit:tee h as been unable, with the exercise of 
se ! to begin drilling ppe rations or to drill wells 



of the dept 

of the Act 



pth and within the time prescribed by Section 13 



*f Congress approved February 2b, ' 1920 '( forty-first 
dr illirT* S 437 )» ex-te nd the time for beginning such 

for such + r com P' ietin 6 it, to the amount specified in the Act 
eonri-i+5' me ' n0t speeding three years, nnd upon such 
conditions as he shall prescribe." 

1 "gly > a permittee who has been unable with the exercise of due 
diligence to comply wljfctfa* te Ma of bhe permit lamed under any Section of the 

February 25, 1920, may, if the facts warrant, be granted an extension of 
time upon filing an. application therefor accompanied by his own affidavit setting 
forth irhat efforts, if any, he has made to comply with the terms of his remit 
and the re. scan for delay in the full compliance therewith, such showing 
to be accompanied by a corroborating affidavit of at least one disinterested 
person having actual knowledge of the facts. 



-54- 
The affidavit by the applicant pjust also show the tine when he proposes 

to commence 01 i suir.< bis operations and an'/ arrangements he has made for 

complying with the terns of the permit. 

The application may be filed in the General Land Office or in the local 
land office having jurisdiction over the land involved by the permit. In the 
latter event the application will be promptly forwarded to this office by the 
local officers* 

You will give the widest publicity to the above regulati-qn that may 
be possible without expense to the United Gtates. 

Very respectfully, 

-.VILLI AM SPRY, 

Commissioner* 



Approved: January 16, 1922, 



E. C. FINNEY, 

First Assistant Secretary) 



4C68 



Circular No .618. 

Citizens of Washington and Kane Counties, Utah, granted the right 
to cut timber in the State of Arizona for certain purposes. 

ISSPARTlUEErT OF THE INTERIOR, 

General Land Office, 

Washington, D.C., March 28, 1922. 

Chiefs of Field Divisions: 

On February 27, 1922, there was approved an act of Congress 

(Public No. 157) which provides as follows: 

That section G of an Act entitled "An Act to repeal the 
timber culture laws, and for other purposes," approved March 3, 
1891, as amended, by an Act approved March 3, 1691, chapter 559, 
page 1093, volume 26, United States Statutes at Large, be, and 
the same is hereby amended by adding thereto the following: 

'That it shall be lawful for the Secretary of the Interior 
to grant permits, under the provisions of section 8 of the Act of 
March 3, 1891, to citizens of Washington County, and of Kane 
County, Utah, to cut timber on the public lands of the counties of 
Mohave arid Coconino,' Arizona, for agricultural, mining, and other ■ 
domestic purposes, and remove the timber so cut to said Washington 
Comity and Kane County, Utah. 1 

The cutting of timber under the provisions of this act 

must be done in conformity with the rules and regulations issued 

March 25, 19 13— Circulars Nos. 222 and 223 (42 L. D., 22 and 30) « 



Very respectfully, 

WILLIAM SPRY, 

Commissi oner, 

Approved: March 28, 1922, 
E , C. FimiEY, 

First Assistant Secretary. 

-4059- 



CxJirciuar No- 820» 
DEPARTMENT OF ITS INTERIOR 
Ge n 3 re. 1 Lr nd Of f ie e 
Washington 

April 12, 1922. 
Instructions — Relinquishments witll 
repayment cases, 

IlCj ig-teiTB and Receivers, 

U. S. Land Offices. 

Sirs: 

In departmental instructions of March 30, 1922, it is directed that a 

relinquishment filed in support of an application for repayment, pursuant to the 

provisions of the act of June 16, 1380 (21 Stat., 297), and the regulations 

thereunder (45 L.D., 520), should be treated as absolute and the entry canceled 

thereupon and the land involved opened to settlement and entry without further 

action, in conformity with the rule as enunciated in instructions of January 31, 

1912 (40 L.D., 397), regardless of whether or not the repayment claim should be 

subsequently allowed or denied, thereby overruling the decision in the case of 

Peter A. c. Hausman (37 L.D., 352), so far as it conflicts with said 

instructions. 

It is to be noted that departmental instructions of March 30, 1922, apply 

only to cases wherein the entry shall have been relinquished in its entirety, 

Said instructions in nowise modify paragraph 15 of the repayment regulations 

520 
of October 25, 1916 (45 L.D., 522)', which paragraph relates solely to applications 

for repayment of moneys paid in connection with commutation entries, final 
homestead entries, final desert-land entries, and other final certificates 
where it is the intention of the applicant for repayment t: merely suffer 
cancellation of the final entry, leaving the basic entry intact subject to 
future compliance with the public land laws. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner. 

APPROVED: April 12, 1922, 
E. C. FINNEY, 

First Assistant Secretary. 



-37- 

Circular No ,821. 

MI LI TART SERVICE, WAR WITH GERMANY—; EFFECT GF CCMHINSATICU ' 
AWAKD~£REDIT FOR PERIOD OF HGSPITALIZATIClWiCl CF APRIL 6,1922 
(PUBLIC NO. 187) . 

Department of the Interior, 

General Land Gffice, ■ 
Washington, B.C., April 29, 1922. 

Registers and Receivers, 

United States Land Offices. 



S l rs : 



The act of April 6, 1922 (Public No. 187), provides: 



That the previsions of section 23C5, Revised Statutes 
of the United States, as amended by the act of February 25, 
1919 (Fortieth Statutes, page 1161), so far as applicable to 
those discharged from the military or naval service because 
of wounds received or disability incurred therein, be, and the 
same are hereby, extended to those regularly discharged from 
such service and subsequently awarded compensation by the 
Government for wounds received or disability incurred in the 
line of duty. 

Sec, 2. That the provisions of the act of September 
29, 1919 (Forty-first Statutes, page 288), entitled "An Act 
to authorize absence by ' home s tc ad settlers and entrymen, and 
for- other purposes," be, and they arc hereby, extended to those 
who,, after discharge from the military or naval service of the 
United States, arc furnished treatment by the Government for 
wounds received or disability incurred in line of duty. 

Under the provisions of Section 1, a person who served 
for not less than 90 days in the U. S'. Army, Navy or Marine 
Corps, during the Mexican Border operations or the War with 
Germany, was honorably discharged, and who subsequently was 
awarded compensation by the Government for wounds received or 
disabilities incurred in line of duty, in' accordance with the 
Act of October -6, 1917 (40 Stat ., 398*405) , as amended by the 
Act of August 9, 1921 (42 Stat., 147-153), is entitled to the 
SSQBB credit for such service in connection with a homestead 
entry made by him, under section 2305, U. S . Re vised' Statutes, 
as amended by the Act of February 25, 1919 (40 Stat., 1161), 
as though he had actually been discharged from the service by 
reason of disability incurred in line of duty. In such cases 
credit is given for the full period of enlistment, subject to 
the requirement that residence on the homestead for at least 
one year must be shown, as set forth and explained in Circular 
No. 302. 



■ -?s- 

Section 2 of the Act extends the "benefits of the act' 
of September 29, 1919 (41 Stat., 283) s to those persons who, 
after discharge from, the military or naval service of the 
United States during the War with Germany, are furnished treat- 
ment by the Government for wounds received or disability incurred 
in line of duty under the terms of the Vocational Rehabilitation 
Act of June 27, 1918 (40 Stat*, 617), and its amendments , upon 
the ground that' they come within article 3 of the act of 
Cctobcr 6, 1917, supra, its effect is to grant to settlers, 
applicants' or entrymen under the - homestead laws who, after such 
settlement, application or entry, arc given hospital treatment 
by the Government under the conditions just stated, credit 
for constructive residence during the period of such treatment, 
subject to the requirement that residence on the homestead for 
at least one year must be shown. 

The' administration of this provision of the Act will 
be 'governed by the regulations under the Act of September 
29, 1919, which will be found on uage 7 of said Circular No. 
302. 

Very respectfully, 



f/ILLIAM SPRY, 

Commissioner, 



Approved: April 29, 1922,' 
S . C. FIITiEY, 

Fi rs t As s is t an t Se ere t ary * 



-39- 



CCHSCLIDATED WORK REPORT CF LOCAL LAND OFFICES 

MARCH, 1922. 



FOR MONTH OF 





End Last Month 


Rce'd. and 
Disposed 1 of 


End This 


Month 


office:; 


Pend :Sus :Pcnd 
ing :pen ring 


Re c * d 
in 


Trans 
rait'd. 


Now :Kow 
pendr sus 


rPend 




ring 




dcsigrded riinact 


this 


to 


ing rpen 


r unac 




na : re jeered 


month 


: GLO 


de : de d 


rted 








this 








: o the r : by 




. month 


na rcted 


rby 




rwise :R&R 






tionrothe: 
:mse 


~:R&R 



Alabama 

Montgomery 
Alaska 

Fairbanks (a) 
June an 

Nome (a) 

Arizona 

Phoenix(a) 

Arlcans as 
Camden 
Harrison 
Little Rock 

California 
El Ccntro 
E ure ha 
Independence 
Lo s Angc le <3 
Sacramento 
San Francisco 
Susahville 
Vis alia (a) 

Colorado- 
Del Uorte 
Denver 
Durango 
Glenwood Spr. 
Hugo (a) 
L'amar 
Le adville 
Montrose (a) 
Pueblo 
Sterling 

Flo ri da 

Gainc svillc 





28 


: 25 : 




193 


: 39 : 




12 


: 19 : 




25: 


: 60 t 


: 2 


112. 


: 73 : 


: 7 


15* 


: 51 r 


: 44 


2 


: 14 r 


: 57 


3 


: 51 r 


: 57 


161 


r 1C2 : 


: 112 


67 


: 98 r 


r 113 


81 


r 37 r 


: 48 


39 


r 22 : 


: 78 


9 


r 29 r 


r 285 


37 


r 71 : 


r 105 


45 


r 84 r 


: 546 


215 


: : 142 : 


: 109 


55 


! : 129 : 


r 55 


37 


: 4 : 43 r 


: 403 


: 243 


: 224 : 


r 21 


: 26 


: : 23 : 




: 21 


: 7 : 91 : 



26 



64 



19 
64 
75 

45 
16 
47 
169 
107 
91 
41 



23 
153 

81 
207 

142 
39 

245 

31 

89 





27 : 




168 r 




12 : 




21 r 


: 2 


• 110 : 


: 7 


- 20 : 


: 43 


1 r 


: 55 


69 : 


: 57 


174 : 


: 122 


: 48 r 


r 125 


• 70 : 


: 34 


• 34 r 


: 80 


. 13 i 


r 192 


48 r 


r 112 


: 41 r 


: 524 


. 172 r 


r 104 


: 47 : 


: 59 


: 38 : 


: 388 


: 240 : 


r 21 


: 16 r 




: 19 : 



11 



-40- 



Idaho 






Blaclcfoot 


236 • 


165 


Boise 


142 : 


105 


l !i n nr r{ t Air 


no 3 : 


25 


Hailey 


117 : 


81 


Lewis ton 


16 : 


12 


ICans as 






To pc lea 


30 : 


12 


Louisiana 






it on Rouge 


i • 


51 


] i chrgan 






I rquette 


1 : 


12 


ilinnasota 






Cass Lake 




52 


Crooks ton (j 


: 




Dulutft 




34 


Miss i^cippi 






Jackson 




7 


Mi s z o uri 






Spring fielc 


1 : 




Mont ma 






Billings 


7 3 • 


159 


Bo 2 e man 


: 153 : 


96 


Glasgow 


287 : 


168 


G-re at Fai: 


ls 46 : 


66 


Havre 


• 130 : 


105 


He lena 


193 


121 


Xnlispell 


: 2 : 


11 


Le vl s to wn 


: 53-1 : 


58 


Kilos Cit: 


r 476 ; 


239 


Missoula 


: 34 ■ 


17 


He "bras ka 






Alliance 


: 41 


9 


Broken Be 


7 22 


5 


Lincoln 




6 


He vada 






Carson Ci" 


by 42 


81 


Elko 


: 63 


42 


Fcr IjCjfcico 






Clayton 


': 77 


51 


Ft . 8 umnc 


r 233 


137 


Las Cruce 


3 99 


203 


Rosaell 


: 245 


118 


8 ant a "EG 


: 317 


. 291 


Tucumcari 


: 42 


20 


Eorth Dakot 


a 




Bismarck 


: 8 


. 15 


Li ckinson 


: 67 


: 39 


Mi not 


7 


: 22 


Willis ton 


: 20 


: 32 



12 



153 • 


134 : 


244 ■ 


161 


15-, : 


133 


156 ■ 


112 


9 : 


10 


3 


24 


34 : 


37 


90 : 


105 


6 : 


6 


16 


12 


28 . 


25 


33 


11 


26 


32 




45 


9 


12 




10 


37 : 


39 




30 


28 \ 


25 




37 


30 


26 




11 


2 


2 






1 /. 




73 


153 


53 


46 


154 


102 


134 


129 


290 


170 


114 : 


43 


45 


138 


102 


88 


137 


113 


72 


86 


207 


93 


17 


16 


1 


14 


109 . 


154 


483 


61 


190 


237 


46-3 ■ 


205 


47 


42 


36 


20 


18 


30 


31 


7 


12 


14 


22 


4 


4 


5 




5 


58 


46 


43 


92 


19 


16 


66 


/ o 


59 


75 


69 


43 


113 


255 


• 125 


103 


200 


232 


. 108 


161 


239 


271 


184 


. 144 


376 


250 


: 338 


: 396 


33 


32 


: 45 


: 18 


12 


: 5 


: 9 


: 21 


22 


: 26 


: 68 


: 34 


23 


: 32 


. 9 


: 11 


10 


: 26 


: 20 


: 28 



■ 41- 



Oklahoma 

Guthrie 
Oregon 

Burns 

La Grande 

Lake view 

Portland 

Rose burg 

The Dalles 

.Vale 
South Dakota 
'Belle four chc 

Grc go ry 

Lemmon 

Pierre 

Rapid City 

Timber Lake 
Utah 

Salt Lake 

Ve rn al 
Washington 

Seattle 

Spokane 

Van co uve r 

V/alla Walla 

Waterville 

Yakima 
Wisconsin 

Y/aus au 
Y/yoning 

Buffalo 

Cheyenne 

Do uglas 

Evans ton 

Lander 

Newcastle 



ity 



46 

82 
152 

62 

4 

220 

G2 

26 
13 
77 
79 
124 
,48 

830 
40 



66 

4 

41 

157 

25 



137 
348 
99 
156 
136 
241 



: 26 [ 


: 74 


: 60 


: 50 


36 ! 


: 25 ! 


• 40 


: 72 


59 


17 : 


: 193 : 


36 


56 


150 


175 : 


: 33 : 


18 


: 32 


59 


22 : 


: 5 : 


39 


: 41 




3 : 


: 25 : 


61 


64 


4 


; 22 : 


: 74 : 


120 


: 138 


209 


67 : 


: 93 : 


40 


70 


88 


57 : 


• 21 ! 


49 


48 


17 


31 : 


2 : 


10 


10 


14 


1 : 


: 26 : 


14 


30 


59 


28 : 


: 36 : 


21 


31 


69 


•36 : 


: SO : 


99 


120 


127 


56 : 


: 47 : 


35 


46 


46 


38 : 


: 272 ': 


312 


415 


728 


271 : 


: 28 : 


42 


32 


37 


41 : 


: 16 :' 


8 


8 : 




16 : 


: 35 : 


24 


55 : 


38 


32 : 


: 9 : 


18 


14 


5 


12 : 


: 7 : 


14 


17 


41 


4 : 


: 53 : 


59 


123 


89 


57 : 


: 5 : 


24 


23 


17 


14 : 


: 2 • 


12 


9 




5 : 


: 70 : 


. 16 3 


. 135 


140 


95 : 


: 397 : 


: 180 


177 


; 360 


388 : 


: 258 : 27 


329 


: 324 


MSI 


218 : 


: 196 : 


: 51 


53 


: 148 


: 202 : 


: -84 : 


: 67 


: 121- 


78 


8S : 


: 156 : 


: 16 3 


: 171 


; 261 


: 128 : 



TOTAL : 9095.: 6411 : 59 : 6245 : 6931 : 8537 : 6286 : 56 

■ 
1T0TE (A) - ITo report received from these offices on April 28,192?. : 



Public No. 185. - 67th Congress. 
H. R. 9306. 

An Act To authorize the Secretary of the Interior to 
extend the time for payment of charges due en reclamation 
pro j e c t s , an d f r o t he r p ur p o s e 3 . 

BE IT ENACTED BY THE SENATE AED KG THE CE REPRESENTATIVES 
CE TIE UNITED STATES CE AMERICA IE CONGRESS ASSSMBIED, That 
where an individual water user or individual applicant for a 
water right Lin dor a Federal irrigation project constructed or 
being constructed under the Act of June 17, 1902 (Thirty-second 
Statutes, page 383, or any Act amendatory thereof or 
supplementary thereto, is unable to pay any construction 
charge due and payable in the year 1922 or prior thereto, the 
Secretary of the Interior is hereby authorized, in his 
discretion, to extend the date of payment of any such charge 
for a period not to exceed one year from December 31, 1922: 
PROVIDED, That the applicant for the extension shall first 
show to the satisfaction of the Secretary of the Interior by 
a detailed verified statement of his assets pnd liabilities, 
an actual inability to make payment at the time the application 
is made and an apparent ability to meet the deferred charge 
when the extension expires; also in cases where water for 
irrigation is available, that the applicant is a landowner or 
cntryman whose land against which the charge has been accrued 
is being actually culti vated; PROVIDED FURTHER, That similar 
relief in whole or in part may be extended by the Secretary 
of the Interior to a legally organized group of water users of 
a project, upon presentation of a sufficient number of individual 
showings made in accordance with the foregoing proviso to 
satisfy the Secretary of the Interior that such extension is 
necessary: AED PROVIDED FURTHER, That each charge so extended 
shall draw interest at the rate of 6 per centum per annum 
from it's due date in lieu of any penalty that m^y now be 
provided by law, but in case such charge is not paid at the 
end of such extension period, any penalty that would have been 
applicable save for such extension, shall attach from the date 
the charge was originally due the same as if no extension had 
been granted. 

Sec. 2. That the Secretary of the Interior is hereby 
authorized in his discretion, after dec investigation, to 
furnish irrigation water on Federal irrigation pro jests during 
the irrigation sees on of 1922 to landowners or entrymen who are 
in arrears, for more than one calender ye er in the payment of 
any operation and maintenance or construction charges, 
notwithstanding the provisions of section 5 of the Act of 
Aug us t 13 , 1.9 1 4 ( T hi r ty-e i ghth S t at ute s , p age 6 6 6 ) : PI '.0 VI IE D , 
That nothing in this section shall be construed to relieve any 
beneficiary hereunder from payments due or penalties thereon 
required by said Act :PR0 VTDED FURTHER, That the relief pro- 
vided by this section shall be extended only to a landowner 
or cntryman whose land against which the charges have accrued 
is be i ng ' ac t ual ly c ulti vate d . 
Approved, I arch 31, 1922. 



-43* 
A3K60ITT1ENTS . 

Arthur Ellington Pol and of Spokane, appointed Register 
of the Land Office at that place, vice 
John L. Wiley, resigned, ' 
Commission dated March 31, 1922. 

Frank Adelbert Savage of Chewelah, Washington; to "be Receiver 
of Public Moneys at Spokane, Washington, 
vi ce Wi Hi am 7 . P age , resigned. 
Commission dated March 31, 1922. 

Han uo 1 A. Sanchez of Santa Pe , New Mexico, to be Surveyor 
Ge ne ral of No w lie xi eo , o f f i ce lo c ate d 
at Santa Pe , vice Lucius Pills, term 
expired. 
Commission dated April 7, 1922, 

Mrs. Addie B. McLennan of Wausau, Wisconsin, to bo Register 
of the Land Office at that place from 
April 17, 1922, upon the completion of 
the consolidation of the offices of 
Register and Receiver, and the 
abolishment of the office of Receiver, 
"by an Executive Order of the President, 
under authority of an Act of Congress 
dated October 28, 1921. 
Commission dated April 14, 1922. 

Pu dle y s . Vale n t inc of Lo s An. ge le s , C ali f o mi a , to be 

Register of the Land Office at' that 
place, vice Benjamin P. Groves, 
whose term will expire May 13, 1922. 
Commission dated April 20, 1922. 

Brainerd B. Smith of Pasadena, California, to be Receiver 
of public Moneys at Los Angeles, Cal- 
i f o mi a, yi ce Ale xandO r Mit che 11 , who se 
tern of office will expire June * 24, 
1922. Commission dated April 20, 1922. 

George A. Paries T Chief Field Division at Juneau, Alaska, 
appointed Trustee for addition to 
Co r do va To wns i tc , Al as ka , i n addi t i on 
to his present duties as Chief of Pie Id 
Pivision. 

Pred L . Sisson o f Pue blo , Co lo r ado , appo i nte d Register of 

the Land Office 'at that place, vice James 
P re do ri ck Pr ake , de ce as o d . Commi s s i o n 
dated April 29, 1922. 



■ ' r a . A: .1 an d a I . P r an ks o f S te r ling , Cc lo ra&o , appo i n to d Re ce i vc r 
of Public 'Moneys at that pi ice , vuce 
3e do r b urg , ro o i gne & . Go rani s 3 i o n date d 
April 29, 1922. 

Marti n Y/idste n of v/arroad, Roseau, Co., Minnesota, was 

nominated by the President on April 
29, 1922, to be Register of the 'Land 
Office at Crooks ton, Minnesota, vice 
Clo Thompson, resigned. Nomination 
of Mr. Mi do ten not yet confirmed. 

Resign ation. 

Qlc Thompson , Register of the Land Office at Crook? ton, 

Minnesota. Resignation accepted March 
13, 1922, effective upon\ the appoint- 
ment and qualification of successor. 

T amos P. G T Comic 11, Receiver of Public Honeys at Crooks ton, 
Mi nnc s o ta. Re s ignat i on a c ce p te d 
March 13, 1922, effective upon 
appointment :md qualification of 
successor. 

Charles W. Sederburg , Receiver of Public Moneys at Sterling, 
Co lo r ado . Re ign atio n ac ce p te d Apri 1 
27, 192 2 , e f f e c t i ve up n ap po i n tmc 1 1 1 
and qualification of successor. 



TELL THE BULL" TIN. 
To all Lo c-.l Offices and Field Service Em ploy ees: 

If anything occurs, in the public land service, v/hich 
you think is of administrative value, tell us about it. Addres 
all communicp/fcions to the Commissioner of the General Land 
Office, "Land Service Bulletin." All information should be 
received not later than the 24th of each month for use in the 
current number, 

4134. 






By direction of the Secretary of the Interior the matter contained 
herein is published as administrative information and is required for 
the proper transaction of the public business^ 



Vol. 6. 



June 1, 1922, 



No. 4, 



ADMINISTRATIVE INFORMATION. 

Attention is especially directed to the certificate or state- 
ment appearing at the head of this page, to the effect that the matter 
in the Bulletin is published as "administrative information," and is 
required for the proper transaction of the public business* This 
statement is a prerequisite to the publication of the Bulletin, under 
the provisions imposed by Congress governing publications of this 
character* 

The official character of the Bulletin, therefore, as an 
authorized publication of the Department, for a specific purpose, is 
made clear by this statement, as '.veil as the duty of the Land Service 
to keep itself advised, through the pages of the Bulletin, as to the 
matters of administrative information it carries in each issue. By no 
other means can the Service as such be kept fully up-to-date vith the 
latest laws, decisions and instructions relative to our public lands. 
It is an instrumentality developed under the necessities of our 
Service, With a widely scattered field, operating under headquarters 
at the National Capital, some means are necessary by which all 



-2- 

members of the Service can be informed of the latest actions of 
Congress, decisions of the Courts or of the Departments, so fa.r 
at they may bear upon our administrative duties, and this is 
the service performed by the Bulletin* 



SURVEY NOTES, 



C o-operation . 



The General Land Office is co-operating with the U- S- Coast 
and Geodetic Survey this summer in connecting public land corners 
in certain parts of the Y.'est with Coast and Geodetic Survey 
triangulation points on the North American Datum* 

One of the two systems of triangulation to be carried through 
the current season on the cooperative plan will extend through New 
Mexico along the 104th Meridian northward to a point about east of 
Colorado Springs, Colorado, and the other from Pocatello, Idaho, 
northward to the International Boundary*. 

Arrangements have been also completed whereby this office 
is to co-operate with the Smithsonian Institution and the National 
Park Service this summer in working out a description for a proposed 
national monument near the corner of Colorado, Utah, Arizona and 
New Mexico, which is to include a number of the most important of 
the prehistoric ruins in that locality* 

The work of extending the public land surveys- over the 
National Forests is also being steadily carried on in the western 
states as opportunity offers and funds permit. 

Clone and intelligent co-operation between Government 
agencies, each giving service in the line in which it is expert, 
makes for true efficiency and economy in Government work and 
gives the public the kind of results it has a reason to expect 
and to which it is entitled. 

Exchange Lands, 

Under terms of the Act of May 31, 1918, the Secretary of 
the Interiorii? authorized to exchange former Oregon and California 
grant lands, title to which has been revested in the Government 
by the Act of June 9, 1916, for privately owned timber lands when 
by reason of such exchange the Government's holdings would be ad- 
vantageously consolidated. Three applications for such exchange 



~3- 

involving some. 3,000 acres of timber land on the Siuslaw River are now 
undergoing field investigation under the direction of the Assistant 
Supervisor of Surveys for Oregon, for the -purpose of determining the 
amount and value of the timber thereon, together with its logging 
and lumbering possibilities. Such exchanges if properly safeguardedj 
result advantageously to the Government, but constant care and 
alertness are required to properly protect the Government's interests* 
Assistant Supervisor of Surveys Rands has spent a large part of his 
time since the middle of February in the field supervising the 
cruising of the timber and investigating the merits of objections 
filed by parties opposing the exchanges. 



Alaska Surveys. 

The program for surveys t© be executed in Alaska during the 
present surveying season has been augmented by the approval during 
the past month of special instructions for the survey of the 
boundary lines and for the subdivision of the included lands into 
lots, blocks, streets and alleys of the Townsites of Hyder and Craig, 
These two townsites together with the Tovmsite of Tenakee, instructions 
for the survey of which were approved during the latter part of the 
preceding month, were originally developed while the lands were 
within the Tongass National Forest and under the jurisdiction of 
the Forest Service, but by Executive Order No. 1620, dated February 
7, 1922, the three tracts were excluded from the said Forest 
Reservation in order that they might be disposed of under the general 
townsite laws. The surveys will be executed in the field at one© 
and requests have already been received for the appointment of the 
townsite trustee looking to the disposal of the lots to the individual 
claimants* 

The recent activity in Alaska Surveys is not, however, being 
confined to the field as the following-described surveys were either 
accepted or the plats thereof filed in the local land office during 
the past month : 

Survey of Addition to Cordova Townsite 
" T. 12 S., R. 6 V.'., Fairbanks Meridian 
11 T. 30 S-, R. 59 E., Copper Paver Meridian 
" T, 31 S., R. 59 E., Copper River Meridian 
" 7 special metes and bounds survoys* 



The field notes and plats of the surveys of the f ollowing.named 
townships were also examined during the month of May, but it vas 
fou^d necessary to return the same to the U. S, Surveyor General 
f , correction before acceptance^ ^ 

t! 6 S., Rs. ll! 12, 13 and 14, Copper River Meridian 

T. 4- N., R. 12 W., Seward Meridian 

Ts. 5 and 6 N., R. 11 W*< Seward Meridian. 

The reservation for the Alaskans of the village of Klukwan 
as crJS u^der a metes and bounds description b> J^ecutxve Or erf 
April 21, 1913, was made to conform to the legal subdivisions .or n 
puSL land surveys when executed from the Cppper River Hen dian by 
Executive Order of May 15, 1922 and ^eps will be ^ en f ™ the 
extend the rectangular system of surveys to these lands during 
present surveying season* 



ACCEPTED SURVEYS* 

The total area of the surveys and resurveys accepted and 
placed on record by the Division of Surveys, during the month of 
Sy as recorded and reported by the Drafting ^--"£e 
a considerable advance over the output for April, and x. the 
largest production so far in the pre se ^f^/^ ^^ 9 

month for the fiscal year 1922. 

A NON-MEANDERABLE STREAM AS A NATIONAL FOREST BOUNDARY. 

Th e Jefferson National Forest in the state ^—^"0 
its west boundary Smith River, a non-navigable st ream 1 
chains in width, and therefore not ""f?™^^ J^J by 
execution of the surveys. As a result, , al1 ^f"f a ^ as and * ie . 
the Smith River boundary become ™ erta1 "" J^Hntry and disposal, 
sections of the public land per --£> f al to^en ** « ^P 
In a decision rendered ,fay 9, 19^, ™e uen boundary, 

that the undefined center of the stream was the f crest bou ^ 
and that it was not P-ticable x» a publxc-land survey^^ J 



■5- 



not as a boundary, but for the purpose of approximating the 
sinuousities of the bank of the stream as a means of ascertaining 
the area of the land subject to entry. Meander corners were to 
be established on section lines, with auxiliary meander corners 
at each change of course, thus defining the meander line as surveyed 



upon the ground, 



FIELD SERVICE NOTES. 



Mr. George E, Hair, Chief of the Field Service, is absent on a 
somewhat extended trip to the field. The necessities of the work 
at official headquarters have kept him in the city up to the present 
time. -During his absence Mr. A. C. Beach will be in charge of the 
Field Service Division* 

Assignments* ■ 

Special Agent Earl W, Chafee, who during the winter months was 
at work in the Southern Field Division, after a short vacation in the 
city, left for Duluth on the first of the month, taking an assignment 
that will cover the States of Minnesota, Wisconsin and Michigan. 

Mr. C. W. Riofeie f the Portland Field Division has been 
temporarily transferred to the Department of Justice for special work 
in the field. 



ITEMS FROM THE FIELD DOCKET. 

Three suits won. One for trespass in Arkansas and judgment 
of vl8,000 reported; compromise effected in oil suit in Louisiana 
and £36,604.30 paid' in settlement; suit to cancel patent in South 
Dakota and 153.33 acres recovered. 

Nine indictments reported in Arizona — conspiracy, using 
mails to defreud, Sec. 332, Criminal Code, illegal feus nnd Seva. $1* 

From Helena. 

Newspaper reports from Butt^, Montana, under date of May 26, 
1922, carry the information that 17. F. Cunningham, who had been 
indicted for the forgery of a homestead withdrawal in the U. S. 



-6- 

District Court of Montana, entered a plea of guilty and was fined 
$.100 and costs, with a stay of 30 days in which to pay the fine. 

Sp ecial Agent — Mine ml Waiver* 

The General Land Office recently had before it waiver by 
homestead entryman of the oil and gas rights under the Act of July 
17, 1914. It appeared that the land was not classified, withdrawn, 
or reported as being valuable for oil and gas at the time the ^ 
entryman submitted final proof; but the mineral examiner investigating 
the case submitted the waiver under said act, with the statement 
that he had explained to the entryman his right to a hearing, i* he 
thought he could prove the land not valuable for oil and gas. 
The waiver in this case was not accepted by the office, and in 
the letter of advice to the Chief of Field Division it was said: 
"Under rules long in force, special agents are 
prohibited from accepting, soliciting or taking the waivers 
or relinquishments from claimants-. You will please see 
that these instructions are observed hereafter." 



HOMESTEADERS HAPPY IN SANTA FE LAND DISTRICT. 

In the last Bulletin, note was made of the / act that the 
General Land Office was current with its *™ e ? e f™°*'> ^Leas 
the receipt of final proofs, the patent closely flowed using as 
a text a letter from the Glenwood Springs land office, in which the 
General Land Office was congratulated for its prompt service. 

We now have a similar statement from the Santa Fe Land 
Office, from which we quote: 

"For many years it has taken from 6 month to two three.and 
four years before a patent is issued a tr h inal 
proof has been eutmitted to the General Land Office, tut 
£„» a new era has arrived and patents are issued (except 

£r2X«E SST^: r ^ ^f e- SUenerai 

ftnril This is a new experience not only for this J 11 "* 



-7- 

titles to public lands, so that the farmer and stockman may have a 
perfect title to his land within as short a time as possible, after he 
has shown his good faith in establishing his residence thereon, 
and complying with the law regarding residence, cultivation! and 
improvements. 

During the month of April, 1922, the Santa Fe Office received 
from the General Land Office, 175 patents which were distributed to 
claimants throughout the different counties of the land district, 
as follows: 

Bernalillo 6 Colfax 5 

Guadalupe 22 McKinley 2 

Mora • 13 Rio Arriba . 11 

Sandoval 2 Santa Fe 12 

San Juan 11 Socorro 7 

San i.'iguel 22 Taos 8 

Torrance 50 Valencia 4 

DECORATION OF DIVISION "B" FOR MERITORIOUS SERVICE 
IN ACTION. 

Mr, John O'Connell, 

Acting Chief of Division W B"» 

Dear Mr. O'Connell: 

I am aware that the recent call from Congress for the submission 
of a special report, requiring the preparation of transcripts 
covering wide spread activities of the office, has placed an unusual 
burden on your division, and I desire to express my appreciation 
of the manner in which it lias responded to this call. 

The spirit ci loyal by to the service, that voluntarily forgets 
the clock and official hours, to the sole end that the office may make 
good under an emerge -icy of this character,, deserves honorable mention 
in the Honor Rolls of the General Land Of'fice t and you 7/ill 
accordingly advise the members of your division of the high 
appreciation in which I hold their service on the present occasion. 

Very truly yours, 

WILLIAM SPRY, 

Commi s«i finnr. 
May 10, 1922. 



-8- 

TOWSITE OF FREDONIA. 

The town of Fredonia, in Coconino County, Arizona, is one of the 
oldest settled communities in northern Arizona* The residents have 
installed an irrigating system that waters a large amount of very fine 
agricultural land* When thi3 town was established and water was secured 
for irrigation purposes, the settlers divided the land up into small 
tracts for more economical and intensive cultivation. However, in time 
it was seen that this community arrangement, highly satisfactory as it 
was in many respects, had one glaring defect* No provision had been 
made for acquiring the legal title to this land, which by the application 
of water and the industry of the farmers had become very valuable* 

Recourse we r s then had to legislation, and by Executive Order of 
June 11, 1913, all of the vacant lands in T. 41 N*, R. 2 W., G. & S* 
R.M., were temporarily withdrawn for the purpose of reclassification 
pending the enactment of legislation providing for their disposition* 
The act of July 23, 1914 (38 Stat., 558), authorized and directed the 
survey and platting of the occupied and improved lands in over seven 
sections of said township adjacent to the town site of Fredonia* The 
remainder of this township was restored to settlement, location, sale, 
and entry in 1919* 

March 20, 1922, section 3 of the act of July 23, 1914, was amended, 
and allowing the settlers to acquire a maximum of 80 acres of land 
instead of 20 acres as allowed in the original act* It is further 
provided in said act that settlers on said land who could, through 
themselves or their predecessors in interest show actual occupancy or 
improvements commencing prior to July 1, 1914, and who have since that 
date maintained their occupancy and improvements in good faith, may 
purchase 80 or less acres thereof for which they will be required to 
pay but 01-25 per acre* 

The special survey showing the reservoir site and cemetery reserve, 
as well as the agricultural tracts was approved in 1921. Plats thereof 
will be officially filed in the local land office at Phoenix, Arizona, 
July 1, 1922, and from that date will run the six months period for the 
filing of applications for this land by the settlers* Instructions 
relative to the disposition of these sections were approved May 13, 
1922. This action marks the close of uncertainity on the part of many 
who have cultivated farms and made their homes in and near Fredonia for 
many years. The patenting of this irrigated land to the actual settlers 
is an equitable recognition on the part of the Department that it was the 
industry and foresight of these men who made the reclamation of this land 
possible- The final approval of their efforts cannot fail to have a most 
beneficial effect upon the community* 



-9- 

RECENT DECISIONS OF THE COURTS AND THE DEP ARDENT, 
JL e :Qj-_ v *r Oil Fie. Id. -Oklahoma and Texas Boundary Case, 



Another interesting chapter in this litigation was broughx to 
a close by the decision of the United States Supreme Court on May 1, 
1922, handed down by Mr. Justice Van Devanter. This suit was 
instituted by the State of Oklahoma against the State of Texas to 
settle a controversy erver their common boundary along the course of 
the Red River, and over the title to the southerly half of the river 
bed* The United States, by the Court's leave, intervened as a party 
in interest, setting out a claim to the river bed as against both 
States* The proceedings that followed resulted in-a decree declaring 
that the true State boundary was along the south bank of the river, as 
claimed by Oklahoma and the United States, and not along the medial 
line of the stream as claimed by Texas (256 U. S., 70 and 608). This 
decree directed a hearing to determine what constitutes the south 
bank and where along that bank the boundary may be, and the proper 
mode oi' locating it on the grounds A hearing has been had in 
accordance with this order, but the present decision does not cover 
that question, it being reserved for further consideration. 

After the suit was brought it appeared that the State of 
Oklahoma was claiming title to the entire river bed; the State of 
Texas claiming the southerly half; the United States disputing the 
claims of both States and asserting ownership of the southerly half, 
and an interest in portions of the northerly half; also that a part 
of the bed of the stream, particularly ih^ southerly half, had been 
found to be valuable for oil and gas arr »hat many persons were 
proceeding to drill for, extract and appropriate these minerals 
without regard to the dispute over the title and for the true 
ownership. For these reasons, the court, on the motion of the United 
Sta'Ces, and the concent of the other parties, appointed a receiver 
to take possession of the part of the river bed between the medial 
line and a line on the south bank, provisionally designated, with defined 
easterly and westerly limits, and to control and conduct all 
necessary oil and gas operations therein. 

The present decision deals only with proprietary claims to 
the bed of the river, and to the proceeds of oil and gas taken from 
43 miles of the southerly half of the stream bed. Inasmuch as the 
former decree recognized the boundary betxveen the two States as 
along the south bank of the river and not along its medial line, 
the entire river bed is practically within the State of Oklahoma, 
and outside of the State of Texas, and the latter State, and its 
grantees, have no proprietary interest in the bed or in the proceeds 
of oil and gas taken therefrom. The exact location of the boundary 
along the south bank may show that the receiver is holding some 



.10- 



land properly lying within the State of Texas and subject to its claims. 
Pending the decision of this question, however, the court in its present 
decision considers the claims of (1) the State of Oklahoma and its 
grantees; (2) the United States; (2) Indian allottees and riparian owners 
on the northerly side of the river, and (4) those based on placer mining 
locations made in the river bed. 

The ownership of the river bed by Oklahoma is substantially based 
on the claim of the State that the river, throughout its course in the 
State, is navigable, and this contention is accepted as the real question 
in the case. After a very full consideration of treaty provisions, 
administrative procedure, and evidence as to the fact of navigability, the 
court holds that no part of the river within Oklahoma is navigable, and 
that the title to the bed, therefore, did not pass to the State on its 
admission in the Union. If the State has any lawful claim to any part 
of the bed it is only such as may be incidental to its ownership of 
riparian lands on the northerly bank, and this is equally true of its 
grantees and licensees. 

Disposing generally of the question of riparian ownership, the court 
finds that the disposition of lands on the northerly bank carried with it 
only a right to the bed of the river as far as, but not beyond, the 
middle line. 

The court found, in its consideration of the placer mining claims 
located on the southerly half of the river bed, that the mining laws of the 
United States had never been extended to that part of the river bed. 

Water Rights- -Riparian Owner. 

The rights of riparian proprietors on the same stream with 
respect to each other are mutual and reciprocal, and neither have right to 
the whole stream as against the rights of others, and each is entitled to 
his reasonable share thereof considering the rights and needs of others, 
and such rights must be exercised and the use must be made only on the 
parcel to which the rights attach. (Supreme Court of California). 
Parker vs. Swett et al (205 Pac. Rep. 1065). 

Boundaries — Meander Line. 

Meander Line in surveying fractional portions of public lands 
bordering on streams are not boundaries of a tract, but the streams 
describes the boundary and the part of the stream boundary describing the 
boundary differs in the different states according to the local law. 
(Supreme Court of Vy'ashington). 

Harper vs. Kolston et al (205 Pac. Rep. 1062) » 



-11- 

Water RiRhte--Approprlatio li/ 

In an action to quiet title to M*er under the laws of the State 
either of the* parties may asseft title by adverse possession notwithstanding 
statutory provisions requiring a record of ownership of ditches. (Supreme 
Court of Wyoming). 

Bamforth vsi Ihmsen et al. (205 Pac . Rep. 1004). 

Mineral Lands— Reservation. 

A contract of sale of a tract of land in which the vendor excepts 
and reserve* unto himself 

"All minerals, coal, fossil 8! and precious stones**-***** 
together with all mining rights connected therewith 
**~***^***also*******the exclusive right and privilege 
to enter upon the lands*******and bore and explore for. 
gas and oil, and to utilize the gas and oil that may 
be found or discovered upon said lands*" 

while purporting to reserve the ownership or physical property in the solid 
minerals, such as coal, fossils, and precious stones, does not purport 
to reserve the ownership of the oil or gas itself, but purports to 
reserve only a real right or servitude upon the land, with regard to 
the oil and gas, which may be lost by prescription, if not exercised 
within the statutory period. (Supreme Court of Louisiana). 

Frost-Johnson Lumber Company v. Sailings Heirs et al. 

(91 Southern Reporter, page 207). 

Homestead Entry — Acquisition of Title. 

A claimant of land under the homestead law who has made final proof 
showing compliance with the requirements of law may- at any time there- 
after, and without waiting for the issuance of the patent, devise such 
real estate' by will, or by adequate provisions'to that end in his will, 
he may authorize his executor to sell such ' land for the payment of his 
debts regardless of when Such debts were contracted, and if he dies 
before the patent is issued, leaving no surviving spouse whose homeat&ad 
rights under state law might intervene, a deed mode by his executor 
in exercise of the power of sale in the will, for the purpose of paying 
debts against the estate of the deceased, conveys good title to the 
purchaser, and patent, when issued, inures to the benefit of such 
purchaser and his grantees. 

Homestead Entry- -Liability for Debts. 

The provision of the homestead law which exempts a government 
homestead from liability for the payment of debts contracted prior to the 



-12- 

issuance of patent, does not deprive the entryman from voluntarily 
subjecting such lands to the payment of such debts* 

(Supreme Court of Nebraska}* Schlake v» Healey et al.( 187 

Northwestern Reporter, 427>» 

Mining Claim — Discovery Vein* 

The discovery vein is the primary vein for the purpose of 
locating a mining claim, and determining which are the end and which 
the side lines; and where the discovery vein crosses the opposite side 
lines of the claim as located, the side lines become end lines, not 
only with respect to such vein, but for determination of extra 
lateral rights in any other vein which apexes within the claim* 
Northport Smelting and Refining Company vs. Ldne Pine- 
Surprise Consol. Mines Co. ,{278 Fed. Rep., 719* • 

Contest — Home stead- -Cancellation — Stock-Raising Homestead. 

The cancellation of a homestead entry upon contest is not a 
sufficient ground upon which to base a subsequent contest against a 
stock-raising homestead entry made as additional to the former, even though 
the latter entry was allowed during the pendency of the first contest* 

Contest--Contestant— Practice — Rule 8 f — Rules of Practice— Notice* 

A contest abates ipso facto if proof of service is not filed within 
thirty days from date of service, as required by Rule 8, Rules of Practice, 
in case no answer is submitted, and a second contest by the same 
contestant will not be sustained upon substantially the same charges, 
notwithstanding that the entryman was not served with notice of the first 
contest, unless satisfactory explanation is made why the first contest 
was not prosecuted* 

Departmental Decisions Cited and Followed* 

Cases of Schmidt v* McCurdy (44 L.D., 568), Wickham v* Heir of 
Uber (46 L.D., 53), Mailman v* Halff (46 L.D., 164), cited and followed* 
Garland v. ConnollyT decided February 21, 1922, by 
First Assistant Secretary Finney. 

Military Service — (?ontest--Abandonraent--Homestead — Act of July 28, 1917 
Statutes* 

The protection afforded by the act of July 28, 1917, to those in 
the military or naval service of the United States, whose entries became 
subject of attack by contest on the ground of abandonment, covers only the 
period of such service, and after discharge the homestead laws must be 
complied with by them, unless excepted by special statutory provision, 
to the same extent as by those not within the class protected by the act* 



■43* 

Military" Service— Contest— Affidavit— Homestead— Abandonment - -relinquish- 
me nt,*- -P reference Right* * " 

A contest affidavit charging abandonment of a homestead entry after 
the discharge of the entryman from the military or naval service of the 
United States is not defective for failure to plead literally in the 
terms of the act of July 28, 1917, and such affidavit if otherwise 
sufficient, will, upon relinquishment of the entry, support a claim of 
presumptive preference right as against a subsequent contestant. 
Piatt _v.Pardun; decided February IS, 1922, by First 
Assistant Secretary Finney. 

Desert Land—Evidence* 

Desert entries will not be allowed in areas where there is no 
persuasive geologic, topographic or other evidence tending to furnish a 
reasonable assurance of an existing, sufficient and economically avail- 
able water supply, and an exception to this rule will not be made on the 
ground that the lands are situated in an undeveloped field. 

Richard G. Peeples; decided February 21, 1922, by First 

Assistant Secretary Finney. 

Restorations— Withdrawal—Homestead— Settlement— Entry — Secretary of the 
Interior. 

An executive order vacating a withdrawal and restoring lands to 
the public domain, does not, in the absence of express terms specifying 
how and when the lands shall be disposed of as authorized by the act of 
September 30, 1913, have the effect of restoring the lands to settlement 
and entry, but the time and method of their disposition under appropriate 
laws remain a matter of determination by the Secretary of the Interior. 

Restorations — Settlement — Preference Right — Secretory of the Interior, 

Settlement upon public land not at the time subject to disposition 
and entry, prior to its orderly and formal restoration cannot be invoked as 
a basis for a preference right under the act of May 14, 1880, and such 
settlement will not prevent the Secretary of the Interior from making 
disposition of the land under appropriate law in a manner which will 
exclude the settler from participation therein- 

Rest orations- -Preference Right— Military Service. 

The preference right privilege accorded to discharged soldiers, 
sailors* and marines by Public Resolution No. 29, act of February 14, 1920, 
attaches to lands restored to entry subsequently to the enactment of that 
act. 

Lewis G. Norton (on rehearing); decided December 19, 1922, 
by First Assistant Secretary Finney. 



Oil and Gas Lands— Prospecting Permit --Mining Claim- -Adverse Claim.. 

An assertion of ' prescriptive title cannot be invoked under Section 
2332, Revised Statutes, to defeat the outstanding interest of record 
of a contestant, by a claimant under an oil placer location with the 
view to obtaining an oil and gas prospecting permit under section 
19 of the act of February 25, 1920, where a discovery of oil or gas 
has not been made. 

Oil and Gas Lands — Prospecting Permit — Mining Claim — Adverse Claim — 
Preference Rights 

Performance of annual assessment work by a locator of an oil 
placer claim in accordance with the provision relating thereto contained 
in section 2324, Revised Statutes* cannot be invoked, in the absence 
of a discovery of oil or gas, to oust the interest of a colocator who 
has failed to contribute, by an applicant for an oil and gas prospecting 
permit based upon an assertion of preference right under section 19 
of the act of February 25, 1920© 

Oil and Gas--Prospecting Permit — Mining Claim — Qccupancy--Status. 

Section 19 of the act of February 25, 1920, presupposes that the 
occupant or claimant of an oil placer claim upon which a right to a 
prospecting permit is predicated has no interest in the land that can 
be otherwise recognized and completed under the terms of the mining 
laws. 

Oil and Gas Lands—Prospecting Permit — Preference Right — Waiver. 

The right to an oil and gas prospecting permit conferred by section 
19 of the act of February 25, 1920, is in the nature of a' preference 
right or privilege which may be exercised, or waived, at the option of 
the occupant or claimant, and is, of necessity, waived if not asserted 
within the time and in the manner prescribed by the lav; and applicable 
regulations. 

Oil and Gas Lands--Prospecting Permit--Mining Claim — Adverse Claim — 
Preference Right --Waiver — Relinquishment --Statutes. 

The oil leasing act of February 25, 1920, contains no necessary 
or even reasonable implication that a claim for relief under sections 
18, 19, and 22, thereof, is to be defeated by the refusal or failure 
of a coclaimant to join in an application for a permit, or that one of 
several coclaimant s can by waiver, relinquishment, or failure to 
assert his right within the prescribed tine, do more than destroy his 
personal privilege, or preference right to share the benefit granted 



by said sections; and provision to cover such contingency is contained in 
section 24-g- of the regulations issued pursuant to said act* 

Court Decisions Cited and Applied, 

Cases of Union Oil Company of California v. Smith (249 U.S. ,337), 
and Cole et al *. v* Ralph (252 U. S. 286), cited and applied* 
C. D. Murane; decided January 28, 1922, by First 
Assistant Secretary Finney* 

Mortgagee— Transfe re e— Alienation— Homestead—Patent — Equity — Section 
2296, Revised Statutes, 

A homestead entryman is not precluded from mortgaging his entry 
prior to the perfection of his equitable title, and the provision 
contained in section 2296., Revised Statutes, to the effect that no 
homestead shall in any event become liable to the satisfaction of any 
debt contracted prior to the issuance of patent, does not invalidate 
a mortgage voluntarily given on an unperfected entry* 

Mortgagee— Transferee— .Alienation-- Homestead— Final Proof --Of f ice rs — 
Evidence—Equity— Section 2291., Revised Statutes* 

TKhile section 2291, Revised Statutes, contemplates that a homestead 
entryman shall, upon the submission of final proof, appear personally 
before the proof-taking officer, yet an exception to that requirement 
■will be made where the testimony of the entryman cannot be obtained, and 
in such cases equitable consideration will be given to evidence submitted 
by a mortgagee showing that all of the conditions precedent to patent 
have been performed by the entryman* 

Mortgagee — Mortgage --Home stead — Notice- -Relinquishment — Rule 98,» Rules 
of Practice* 

A mortgagee who has filed notice of his mortgage interest in an 
unperfected homestead entry as provided by Rule 98, Rules of Practice, 
must be given notice of any relinquishment filed, and no relinquishment 
will be accepted by the Land Department unless he joins therein or 
until he has had reasonable opportunity to make a showing* 

Secretary of the Interior— Su pervisory Auth^^^^qy^.yr-rP^.^r-.L^^js*. 

In the administration of the public lands, the Secretary of the 
Interior may, unless limited by special statutory provision, take 
cognizance of equities acquired in good faith by claimants, without an 
Act of Congress expressly conferring that authority* 

Instructions of March 11, 1922, by First Assistant 

Secretary Finney* 



-16- 

Additional Homesteads -Act of April 28, 1904--Commutation--Patent ~ 
Residence --Cultivation* 

One who makes an additional entry under section 2 of the act of 
April 28, 1904, based upon a commuted original entry, is not entitled to 
a patent upon the strength of the latter entry, unless he had resided 
upon and cultivated the original entry for the full period prescribed by 
law precedent to patent, had it not been commuted, and where such 
requirement has not been met, he must continue to comply with the 
residence and cultivation requirement of the law for such period as 
added to that of the original entry will make the full period of 
residence and cultivation required by the law under which the patented 
entry was made* 

Additional Homestead — Act of April 28, 1904 — Commutation--Patent — 
Residence —Cultivation* 

The residence provisions of the three-year homestead law cannot be 
invoked by one who made an additional entry under the act of April 28, 
1904, based upon a commuted original homestead entry made under the 
preexisting homestead law, but upon which residence had been maintained 
for more than three years prior to the submission of commutation proof, 
unless all of the requirements of the three-year homestead law precedent 
to the issuance of patent had teen fulfilled* 

Additional Homestead — Act of April 28, 19Q4--Alienation* 

An entryman who, under the act of July 28, 1904, makes an entry 
as additional to a patented original entry, does not forfeit his right 
to perfect the former by the subsequent alienation of the latter, if he 
was at the time qualified to make the additional entry* 

Contest — Af fidavit — Homestead — Abandonment --Hearing* 

An allegation in a contest affidavit that an entryman had 
"wholly abandoned his original and his additional entry," is* too general 
im its terms to warrant the ordering of a hearing, in that it does not 
show when the abandonment began or how long it continued* 

Departmental Decision Cited and Applied. 

Case of Lyman v, Swick (45 L.D., 325), cited and applied. 
Robey v. Krokstrom; decided December 12, 1921, by First 
Assistant Secretary Finney* 



-17- 

E nlarged Home stead--Settlement--Ad verse Claim--Withdrawal. 

The rule that a settler upon unsurveyed land subsequently designated 
under the enlarged homestead act is entitled to enlarge his claim to the 
full extent of 320 acres, is not applicable where an adverse claim intervene, 
prior to the. designation of the land; and an intervening withdrawal is such 
an adverse claim as will prevent the extension of the settlement claim to 
include more than 160 acres* 

Departmental Decisions Cited and Distinguished. 

Cases of Northern Pacific Ry. Co., v. Morton (43 L.D., 60), and 
Fannie Lipscomb (44 L.D., 414), cited and distinguished. 

Cle Hogeland; decided February 13, 1922, by First Assistant 
Secretary Finney. 

Stock-Raising Homestead--Alienation --Residence. 

A stock-raising homestead entry made as additional' to an original 
homestead entry that was previously perfected and sold, while m all 
respects an original entry as to the requirements ° f " 8 ^ n ° e iJ°* 
being governed by the first proviso to section 3 of the stock -roi ing 
homestead act, it cannot be enlarged by the addition of mcontiguous 
tracts. 

Stock-Raising Homestead— Evidence. 

The stock-raising homestead act does not require one who makes 

an entry thereunder as additional to an original entry, to sh ow that he 

was not the owner of more than 160 acres of land in the United States, 
acquired under other than the homestead law. 

Stock-Raising Homestead--Amendment --Evidence»_ 

One who having made an entry under the atock-raiBing homestead 
act as additional to an original entry, applies J .^*^™'^ 
entry changed to an original entry under that act f or the P^pose of 
including ^contiguous tracts, must show that he is no *^ e ™"* r o °£ er 
more than 160 acres of land in the United States acquired under other 

than the homestead law. a distant 

Anson T, Lindley; decided March 4, 1922, by First Assistant 

Secretary Finney. 



April 8, 1922. 



-1.8- 

NON-MINERAL SHOWING - SFFECT OF LEASING LAW 
DEPARTMENT OF THE INTERIOR 
Washington 

The Commissioner of the General Land Office* 
My dear Commissioner: 

The proposed instructions, requiring a non-mineral showing 
with respect to potash, coal, phosphate, oil, oil shale gas, and 
sosium, in connection with the disposition of public lands in Alabama, 
Kansas, Michigan, Minnesota, Missouri, Oklahoma, ^.Wisconsin, 
submitted by your office for departmental approval, have had careful 
consideration.^ ^ ^^ ^ ^ ; ded 

to make and did make, by the acts of October 2, 1917 (« Stat.. 297^ 

and February 25, 1920 (41 Stat., 437), all of the mineral J ^ ££ d 

by the Unitdd States, subject to disposition as provided in said acts, 

it is not believed that the situation is such as to call for any 

change in the existing forms or practice, as to the States referred to. 

If, in any case arising in those States, there is a claim, 

classification or report that the lands are valuable for the minerals 

in question'"he non^mineral claimant should be required to make such 

showine: or waiver as the facts may warrant. 

showing or^ .J^^.^ are returned her ewith. without approval. 

Respectfully, 

E. C. FINNEY, 

First Assistant Secretary. 



GLACED GRASSHOPPERS. 

"Very much unheard of before," one of the glacier experts of the 
Geological Survey said skeptically when recently shown reports ~nd 
photographs of the Grasshopper Glacier which lies just outside 
northeast corner of the Yellowstone National Park. Imbedded in 

However, the glacier is there for any one to see ^bedded in 
its ice there Ire thousands of strata of grasshoppers of an extinct 
s eVies, ^ich must have been flying over the -^tjon. « Ujxn Z 
clouds when they were caught m snowstorms and killed, laxer 

sensational due to the towering s^nxo glacier is worth 

yawing canyons of the Rosebud b ow The trip £ ^^ ^ 

while in every ^fjf^ j'jtion. Motorists can drive to 

as a side trip from Tower talis J«™ ides for the glacier trip can 

Cooke City from which point horses and guides ior & 

be secured. 



-19- 

OIL AND GAS ACTIVITIES, 

During the month of May, the permit section acted on 1455 
applications, 330 of vs/hich permits were granted and 219 of which were 
finally rejected. In addition to these, 373 applications were rejected 
subject to appeal and 15 appeals were transmitted to the Secretary, 
Decisions by the Department in cases heretofore appealed resulted in 
15 cases beinf!; affirmed, 5 being reversed and 4 modified* Assignments 
in 65 applications were approved by the Secretary, and this office 
granted 167 extensions in which to commence drilling operations under 
permits, and rejected 4* Preliminary action was taken on 258 applica- 
tion3<r During the month 431 applications were received in the section, 
and 1206 applications were returned for consideration. The Geological 
Survey also reported on 1,337 cases in response to letter© previously 
written* 

The "relief" leasing section spent the greater portion of the 
month in collecting the data called for by Senate Resolution 282* However, 
this section granted 13 permits and leases, and finally rejected 6 
applications. Preliminary action was taken on 9 applications, 9 
applications were rejected subject to appeal and 12 appeals were 
transmitted to the Secretary, In its decisions the Department reversed 
the decision in one application and modified the decision in another. 
Assignments in three applications were approved and 20 extensions of 
time were granted* 216 cases were received for further consideration, 
and 5 applications for leases under the act of June 4, 1920(41 Stat,, 
812), as the result of bids received on land in the Naval Reserve No* 2, 
were referred from the Department, This section also received 2 
applications for leases as the result of discoveries made under Sec, 19 
permits* 

During the month this section prepared for distribution Circular 
No. 823, containing instructions relative to applications for leases by 
permittees under Sec, 14 of the act of February 25, 1920, These 
circulars are now ready for mailing to the local offices* 

The receipts under the mineral leasing act for the month of April 
were ^647,930,75, of which $570,479,71 was from lands outside of 
Naval Petroleum 'Reserves and 077, 451,04 from lands within such reserves* 



Circular No* 822* 



•This, circular is issued under House Joint Resolution No. 30, 
approved January 21, 1922., Public Resolution No* 36, amending joint 
resolution of February 14, 1920 (41 Stat., 434), giving to discharged 
soldiers, sailors and marines a preferred right of homestead or 
desert-land entry* 

Circulars Nos* 678 and 803 are superseded. The circular is 
of too great length to be reproduced in the Bulletin, but is 
available up6n call to the. Commissioner of the General Land Office, 



-20- - 
Circular No .801. 
(Reprint April 1, 1922, with aiasndraents approved March 28, 

and May 12, 1922). 



IE PARTLY m OF THE INTERIOR 
General Land Office 
Washington 



January 16, 1922, 



Instructions -.Leasing Act. 
Extension of Time. 



Registers and Receivers, 

Lo cal Land f f i ce s . 

Sirs : 

By act of Congress approved January 11, 1922, Public Ho. 127, 

the Secretary of the Interior was authorized to grant an extension 

of time under oil and gas permits granted pursuant to the Act of 

February 25, 1920 (41 Stat., 437). 

The text of the act is as folio ws : 

"Be it enacted by the Senate and House of 
Representatives of the United States of America 
in Congress assembled, That the Secretary of the 
Interior may, if he shall find that any oil or 
gas permittee has been unable, with the exercise 
of diligence, to begin drilling operations or to 
drill wells of the depth and within the time 
prescribed by Section 13 of the Act of Congress ' 
approved February 25, 1920 (forty-first Statutes, 
Page 437), extend the time for beginning such 
drilling or completing it, to the amount specified 
in the Act for such time, not exceeding three 
years, and upon such conditions as he shall 
prescribe ." 

Accordingly, a permittee who has been unable with the 

exercise of due diligence to comply with the terms of the permit 

issued under any Section of the Act of February 25, 1920, may, if 

the facts warrant, be granted an extension of time upon filing an 

application therefore accompanied by his own affidavit setting fort! 

what efforts, if any, he has made to comply with the terms of his 



-2l- 



prrmit and the reasons for delay in the full compliance therewith, 
and such showing to he accompanied by a corroborating affidavit of 
at least one disinterested person having actual knowledge of the 
facts . 

The affidavit by the applicant must also show the time when 
he proposes to commence or resume his operations and any arrangements 
he has made for complying with the terms of the permit. 

In cases where the extension to be granted will serve to 
extend the life of the permit beyond the period of two years 
prescribed by the act of February 25, 1920, (supra) the permittee 
must furnish a properly executed assent to the extension by the 
sureties on the bond furnished. 

The application may be filed in the General Land Office or 
in the local land office having jurisdiction over the land involved 
by the permit. In the latter event the application will be promptly 
forwarded to this office by the local officers. 

You will give the widest publicity to the above regulation 
that may be possible without expense to the United States. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner. 
AH ROVED: January 16, 1922, 

E . C. EIHNEY, 

Eirst Assistant .Secretary. 



4178 



-22- 
Circular No. 821. 

ILITAPY SERVICE, WAR WITH EJRKANY-EiE'ESCT GF CGMBStfSATIOaT AWARE- 
CRF.DIT FOR PERIOD GF HGSPITALIZATIOIT-ACT GE APRIL G, 1922 (PUBLIC 
] . 187). 

Department of the Interior, 
General Land Office, 
Washington, D.C., April 29, 1922. 

Registers and Receivers, 

United States Land Offices. 

Sirs : 

The act of April 6, 1922 (Public Ho. 187), provides: 

That the provisions of section 2305, Revised' Statutes of the 
United States, as amended by the act of February 25, 1919 (Fortieth 
Statutes, page 1161), so far as applicable to those discharged 
from the military or naval service "because of wounds received or 
disability incurred therein, he, and the same are hereby, extended 
to those regularly discharged from such service and subsequently 
awarded compensation by the Government for wounds received or 
disability incurred in the line of duty. 

Sec. 2. That the provisions of the act of September 29, 
1919 (Fortyi- first Statutes, page 280), entitled "An Act to 
authorize absence by homestead settlers and entrymen, and for other 
purposes," be, and they are hereby, extended to those who, after ' 
discharge from the military or naval service of the United States, 
are furnished treatment by the Government for wounds received or 
disability incurred in line of duty. 

Under the provisions of Section 1, a person who served for 

not less than 90 days in the U. S. Army, Navy or Marine Corps, 

during the Mexican Border operations or the War with Germany, was 

honorably discharged, and who subsequently was awarded compensation 

by the government for wounds received or disabilities incurred in 

line of duty, in accordance with the Act of October 6, 1917 (40 

Stat,, 398-405), as amended by the Act of August 9, 1921 

.(42 Stat., 147-153), is entitled to the same credit for such service 

in connection with a homestead entry made by him, under section 



-23- 

2305, V. 8. Revised Statutes, as amended by the Act of February 25, 
1919 (40 Stat., 1161), as though he had actually been discharged 
from the service by reason of disability incurred in line of duty. 
In such cases credit is given for the full period of enlistment, 
subject to the requirement that residence on the homestead for 
at least one year must be shown, as set forth and explained in 
Circular ITo. 302* 

Section 2 of the Act extends the benefits of the Act of 
September 29, 1919 (41 Stat., 288), to those persons who, after 
discharge from the military or naval service of the United States 
during the War with Germany, are furnished treatment by the 
government for wounds received or disability incurred in line of 
duty under the terms of the Vocational Rehabilitation Act of 
June 27,. 1918 (40 Stat., 617), and its amendments, upon the ground 
that they come within article 3 of the act of October 6, 1917, s upra 
Its effect is to grant to settlers, applicants or entrymen under the 
homestead laws whoj after such settlement, application or entry, are 
given hospital treatment by the government under the conditions 
just stated, credit for constructive residence during the period o"£ 
such treatment, subject to the requirement that residence on the 
jjome stead for at least one year "must be shown. 

The administration of this provision of the Act will be 

governed by the regulations under the Act of September 29, 1919, 

which will be found on page 7 of said Circular No. 302. 

Vi . r y re s pe c t fully , 

WILLIAM SPRY., 

Approved: April 29, 1922. Commission" '. 

E . C . FHTHSY 

Fi r s t As a is t an t Sec re t ar y . 

4125 



-24- 
Circular No. 823, 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



May 5, 1922. 



Instructions relative to applications 
for leases by permittees under section 
14 of the act of February 25, 1920, 

Registers and Receivers, 

United States Land Offices. 

Sirs: 

In order to expedite and coordinate the work of the General Land 

Office and of the Bureau of Mines in acting upon applications for leases filed 

under section 14 of the Act of February 25, 1920 (41 Stat., 437), by the 

holders of oil and gas prospecting permits, you are instructed as follows: 

Leases Follovlnp; Permits. 

An application for lease as a reward for discovery by permittees shall 
be filed in duplicate in the United States Land Office of the district in which 
the land is situated. The Register and Receiver will immediately transmit the 
original to the Commissioner of the General Land Office, by special letter, 
and the duplicate to the Deputy Supervisor of the Bureau of Mines having 
jurisdiction in the district* 

Such applications should set out the following items: 

1- Serial number of permit. 

2. Name and address of permittee, 

3. Name and address of operator. 

4. Subdivisions on which discoveries have been made. 
Character of discoveries- Exact date of discovery. 

5. Number and definite location of each well brought in. 

6. Complete itemized production statement by calendar 
months from first discovery to date of application. 



•25- 



7. The applicant must give description of the land for which 
he desires a lease at the minimum royalty accorded dis- 
coverers under permits. He must also at the same time 
apply for Lease of the remaining lands covered by the 
permit, or waive claim to his preference right to lease 
same or such part thereof as' he does not desire to lease* 
A permittee under section 13, and a permittee under 
section 19 of the Act (for lands not within the known 
geologic structure of a producing oil and gas field at 
the date the permit application was filed) is entitled 
to lease one-fourth of the land in- the permit, or at 
least 160 acres, if the permit includes that area, 
at a flat royalty of 5 per cent. If a permit under 
section 19 includes areas which were at the date the 
permit application was filed partly inside and partly 
outside the known geologic structure of a producing oil 
and gas field, the permittee is entitled to select 
one -fourth of the area for lease wholly outside, or 
wholly inside, or partly inside and partly outside 
the known structure, provided, however, that the royalty 
on lands within the Known structure shall in no event 
be less than 12 l/2 per cent, and provided, further, that 
the permittee is entitled to a lease at 5 per cent 
flat royalty upon so much of the outside area as does 
not exceed one-fourth of the total area covered by the 
permit* 

A permittee under section 20 of the act is 
entitled to lease one-fourth of the area of land embraced 
in his permit or at least 160 acres of said lands, if 
there be that number of acres within the permit , at a flat 
royalty of 5 per cent, whether the land covered by the 
permit, or any part thereof, was within or without the 
known structure of a producing oil and gas field at the 
date the permit application was filed* 

8. A statement of what interests are to be held under the 
lease, together with (a) the necessary contracts, 
assignments, etc., for the approval of the Secretary of the 
Interior; (b) proof of citizenship of any assignee or 
interested party by affidavit of such fact if native bom, 
or if naturalized, by certified copy of the certificate 
of naturalization on the form provided for use in public 
land matters unless such copy is already on file, or, if 
a corporation, by certified copy of the articles of 
incorporation, and a showing as to the residence and 
citizenship of its stockholders; (c) a statement as to 
interests held by the assignee or interested party in 
leases and permits in the geologic structure of the same 
producing oil or gas field. If the showings required 
under (a) and (b) have already been made, a reference 
thereto may be made giving the land office district 
and serial number of the case in which the showings were 
made. 



-2b~ 



The permittee must exercise hie preferential right to the remaining 
part of the permit at the time of application for lease of the one-fourth part 
of the area affected. 

Relinquishments and Bonds. 

Relinquishments of permits will not be accepted and bonds released 
until all requirements under the permits and the regulations have been fulfilled* 
Vvhen any drilling has been done on the property, the relinquishment should be 
approved by a representative of the Bureau of Mines or other person so designated 
by the Secretory of the Interior. 

Abandonment of Wells* 



Upon plugging or abandoning a well drilled under a permit or lease, 
the casing shall not be drawn from the well until authority has been obtained 
inwriting from the deputy supervisor of the Bureau of Mines or other 
authorized agent of the Department of the Interior. 

Sales Contracts. 

Sales contracts submitted for the approval of the Secretary of the 
Interior under paragraph 2 (d) of the lease must be filed in duplicate with the 
deputy supervisor of the Bureau of Mines having jurisdiction in the district 
in which the leased land is situated* The Deputy Supervisor will retain the 
duplicate in his files and forward the original, together with a copy of his 
report, to the Commissioner of the General Land Office. The original report of 
the Deputy Supervisor will be transmitted to the Director of the Bureau of 
Mine s » 

If a sales contract is submitted to any official of the Interior 
Department other than the deputy supervisor without its having been approved 
by the deputy or other authorized official, the contract should be returned to 
the person submitting it with instructions to file it in duplicate at the 
office of the local deputy supervisor,, who will handle it in the regular manner. 

Very respectfully, 
VILLI AM SPRY, 



Commissioner, 



APPROVED: May 5, 192: 



E. C- FINNEY, 

First Assistant Secretary, 



.27. 



Until further notice all communications pertaining to matters between 
the United States Land Office and local representatives of the Bureau of 
Mines, should be addressed to the following respective offices: 



For Washington, Oregon, California, 
Nevada and Arizona 



(Deputy Supervisor, 
(U. S. Bureau of Mines, 
(304 Hopkins Building, 
(Bakersfield California, 



For Idaho, Utah, Wyoming and Colorado 



(Deputy Supervisor, 

(U, S. Bureau of Mines, 

(508 Consolidated Royalty Bldg.. 

(Caspar, Wyoming. 



For Montana, North Dakota, and 
South Dakota, 



(Mr. C. E. Beecher, 
(U. S- Bureau of Allies, 
(Winnett, Montana. 



For Oklahoma, Arkansas, and Louisiana 



(Mr. W# W. Scott, 
(U. S. Bureau of Mines, 
(614 Merchants Bldg-, 
(Shreveport, Louisiana. 



For all other States and Territories. 



(Supervisor, 
(U. S. Bureau of Mines, 
(206 Customhouse, 
(Denver,, Colo. 



-28- 

C i r c ul ar No . 024 . 
reply id lease refer to 

IBPARTMB1TT OF TIE INTERIOR 
Ge nc r a 1 L an d Office 
Was hi ng ton 



Kay 11, 1922. 
: Annual Report as to 
: Un appro p r i ate d Lan ds . 

Re g i s to r s an d Re ce i vc rs , 

Un i t z d S t ate s Lan d Offices. 

Sirs : 

Inclosed herewith are blank forms (4-349) upon which you 
will report, III DUi-LI CATS ,' the area of the unappropriated lands 
in your district on July 1, 1922 and the character thereof. 

The data as ' to the surveyed lands should "be obtained from 
the township plats, but the area of unsurveyed lands must 
necessarily be estimated. In making such estimates you will 
subtract from the total unsurveyed area any' portion' which is 
within a national forest, national monument^. Indian, military 
or other reservation. 

Lands withdrawn for re survey should be reported as' 
unsurveyed, but the area of entries within the withdrawn townships 
s ho uld be trc ate d as appro pr i ate d . 

It is essential that your re per t be forwarded not later 
than July 2, 1922, and nothing must be allowed to delay it beyond 
t hat f\ate . 

It is suggested that delay in making the report can be ( 

obviated by commencing to check the township at an early date, and 
after the ares, of unappropriated land in a township has been 
ascertained and entered on a sheet to be attached to the plat, 
the noting thereon of the proper debits and credits, as entries 
are made or relinquished, will make the correct area easily 
available at the close of business on June 30. 

Your attention is invited to the fact that frequently only 
small areas are found vacant in certain counties. This, if published 
in the Vacant Land Circular, gives rise to many inquiries as to 
where these particular small areas are located, and it often 
happens that neither this office nor your 'office knows the 
description thereof. You will, therefore, in all cases where a 
county is reported as containing less than 500 acres, keep a 
memorandum of the description of these vacant subdivisions so that 
inquiries relative thereto may be answered promptly. 

Lands in pending, unallowed applications should be 
c o ns i de re d as app ro pr i ate d . 

Aclmowledge receipt hereof on the enclosed card. 

Vc ry re s pe c t f ul ly , 

"VILLI All SIRY, 

Commissioner, 



-29- 

Circular No* 830. 



PROOFS UPON RECLAMATION HOMESTEAD ENTRIES AND DESERT LAND ENTRIES 
SUBJECT TO THE PROVISIONS OF THE RECLAMATION ACT BY INCAPACITATED 
SOLDIERS— ACT OF APRIL 7, 1922, (PUBLIC NQ*188) % 



Department of the Interior, 
General Land Office, 
Washington* D.C, 

May 29, 1922 
Registers and Receivers^ United State? Lend Offices* 



%our attention ie called to the amendatory act of April 7, 1922 
(Public No, 186) # which provides: 

That the Act approved March 1, 1921 (Forty First 
Statutes, page 1202), be amended to read as follows: 'That 
any bona fide settler, • applicant, or entryman under the 
homestead laws of the United States, or any desert land 
entryman whose tntry is subject to the provisions of the 
Act of June 17, 1902 (Thirty- second Statutes, page *>»;*.. 
who, after settlement, application, or entry, and prior to 
November 11, 1918, enlisted or was actually engaged in 
the United States Army, Navy or Marine Corps during the 
war with Germany, who has been honorably discharged 
and because of physical incapacities due to the service 
is unable to return to the land, may make final prool, 
without further residence, improvement, cultivation, 
or reclamation, at such time and place as may be 
author! zedby the Secretary of the Interior, and receive 
patent to the land by him so entered or settled upon, 
subject to the provisions of the Act or Acts under whicn 
such settlement or entry was made; Provided,, That no su.h 
patent shall issue prior to the conformation of the enxry 
to a single farm unit, as required by the Act of 
August 13, 1914 (Thirty-eighth Statutes, page 686 ) : 
/>nd provided futther, That this Act shall not be construed 
to exer.pt or relieve such applicant or entryman from 
payment of any lawful fees, commissions, purchase moneys, 
water charges, or other sums due to the United States, 
or its successors in control of the reclamation project, 
in connection with such lands," 



-3C 



2. This amendatory act relates to lands in federal reclamation 
projects lawfully subject to homestead entry or for which homestead or 
desert land entry has been allowed, and the benefits of this act extend 
to persons who prior to November 11, 1918, and during the war' with 
Germany were actually engaged in the United States Army, Navy, or Marine 
Corps, regardless of the dates of their enlistments, provided they 
entered the service after making settlement upon the land claimed or 
after filing an allowable application for homestead entry thereof, or 
after making a homestead or desert land entry for surveyed lands, 

and who having been honorably discharged are unable to accomplish 
reclamation of the land on account of physical disabilities due to 
such service, provided, however, that in the case of a homestead 
entry the entry be conformed to a single farm unit* 

3. Notice of intention to submit proof must be given in the 
usual manner by posting and publication* The proof shall consist (a) 
of affidavit of claimant (taken before any officer at any place 

who is authorized to administer oaths and who uses an official seal), 
showing that he is unable to return to the land on account of physical 
incapacity due to service in the United States Army., Navy, or Marine 
Corps during the war with Germany? and describing the nature and 
extent of such disability; (b) of the testimony of two witnesses 
taken in similar manner corrobo rating the statements in that regard, 
and of these witnesses at least one must be a practicing physician; 
(c) of a certified copy of claimant's discharge from the Army, 
Navy, or Marine Corps, or an affidavit showing all the facts 
regarding his service and discharge., in which latter case the facts 
will be verified so far as possible from the records of the War 
Department, and '(d) claimant's sworn statement, corroborated by two 
persons having personal knowledge of the facts, and whose testimony 
must be taken in the county or land district in which the land is 
situated, setting forth in detail the date when he settled on the 
land (if a homestead entry) and what acts he performed thereon 
touching the matter of residence, improvement and reclamation up 
to the time of his entering the military establishment* 

4 Where no application for homestead entry had been fil ed 
prior t^ claimant's entrance into the service, and the benefits of the 
act are claimed on account of settlement before the beginning of 
his service, the proof must also include the affidavit of the soldier 
showing that he had resided upon the land in a habitable house before 
his entrance into the service, and the testimony of two witnesses 
showing the facts as to claimant's compliance with the law before 
entrance into the service, the testimony of these witnesses to be 
taken in the usual manner in the county or land district m which 
the land is situated. 



-31- 



5, 7/here entry for the land has been allowed and the final proof 
appears satisfactory, and also shows payment of all reclamation moneys 
which are due to the time of submission of such final proof, you will, 
in the absence of other objection, issue final certificate, subject 
to the provisions of the Act of June 17, 1902 (32 Stat., 388), and also 
subject to lien under the Act of August 9, 1912 (37 Stat., 265), for 
the payment of all sums due or to become due to the United States or 
its successors in control of the irrigation project in connection with 
such lands and water right. In cases of claims based upon settlement 
only and where no application has been filed prior to claimant's 
entering the military service, or where application has been filed 
but entry not yet allowed, or protest is filed, you will forward all 
the papers to the General Land Office for consideration* 

Very respectfully, 

WILLIAM SPRY, 

Commissioner. 



Approved: May 29, 1922. 
E. C. FINNEY, 

First Assistant Secretary* 



-32- 

IEPARTME1TI OS 1 . TH8 INTERIOR 

'..• ashing ton 

May 2, 1922. 
GKDE'R. 

Department Travel Regulations of Sep- 
tember 30, 1914, as amended April 6 and April 12, 
1918, and "February 19, 1919, re'sps ctfve ly are 
he re "by amende d as follows: 

fi t r i ] ce out al 1 of p a r rtg r a'ph 1 4 , t o wi t : 

"B aths , 1 a un d r y , a n d. ',-> r c s . > i n g c lo t he s . - - 
Charges for "baths not exceeding 50 cents 
each while absent from designated hcad- 
quarters. Charges for laundry and pressing 
clothes when travel continues a reel: or 
more not exceeding 01. 50 a week for laundry, 
and not exceeding C'i.25 a meek for pressing 
c lo the s . L aim dry hills m us t no t he p ro r a tc d 
over a number of days, hut must he charged 
as an expense of the day on which delivered 
•and paid." 

an d s uhs tit ute t he ro f o r t he f o 1 1 o wi ng : 

"14 . 3 p the , 1 aun dry , an d p re s s i ng <ff lo the s . - - 
Charges for baths not exceeding 50 cents each 
while ahscnt from designated headquarters. 
Charges for laundry and pressing clothes when 
travel continues a week or no re not exceeding 
'1.50 a week for laundry, and not exceeding 
el. 25 a week for pressing clothes. Expense 
of laundering and pressing clothes may he pro- 
rated for the number of days which it covers, 
but the days covered shall he specifically 
stated. " 

3 . C . FINEEY, 

Acting Se ere tary . 
4133. 



■33- 



DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 

PUBLIC LANDS RESTORED TO HOMESTEAD ENTRY AND OTHER DISPOSITION BY 
PROCLAMATION, EXECUTIVE OR DEPARTMENTAL ORDER. 

Preference Rights to Ex-Service Men of the War with Germany* 

General Method of Opening* 

By virtue of Public Resolution No. 29, of February 14, 1920 (41 Stat., 
434), as amended by Public Resolution No. 36, approved January 21, 1922, 
hereafter and until February 15, 1930, when any surveyed lands within the 
provisions of the public resolution are opened or restored to disposition 
under the authority of the Department, such lands, unless otherwise 
provided in the order of restoration, shall become subject to appropriation 
under the laws applicable thereto, in the following manner, and not 
otherwise : 

Lamds not affected by the preference rights conferred by the acts of 
August 18, 1894 (28 Stat., 394), or June 11, 1906 (34 Stat., 233), or 
February 14, 1920 (41 Stat., 407), will be subject to entry by soldiers 
under the homestead and desert-land laws, where both of said laws are 
applicable, or under the homestead law only, as the case may be, for a 
period of 91 days, beginning with the date of the filing of the township 
plat in the case of surveys or re surveys, and with the date specified 
in the order of restoration in all other cases, and thereafter to 
disposition under all of the public land laws, applicable thereto, except 
where homestead entrymen are granted a prior preference period under the 
order. For a period of twenty days and for a like period prior to the 
date or dates such lands become subject to entry by the general public, 
soldiers in the first instance, and any qualified applicants in the second, 
may execute and file their applications, and all such applications 
presented within such twenty-day periods, together with those offered at 
nine o'clock a.m., standard time, on the dates such lands become subject 
to appropriation under such applications, shall be treated as filed 
simultaneously* 

Unsurveyed lands are not subject to homestead or desert-land entry. 
A homestead entry may embrace 160 acres, or an approximation thereof, and 
where, the lands are of the character contemplated by the 320 of 640 acre 
homestead acts, applications for the unappropriated lands may be filed by 
qualified persons, under either of said acts; accompanied by proper 
petitions, if undesignated, for the designation of lands thereunder, and 
such applications will be suspended pending determination as to the 
character of such lands. 

The following are restorations or openings which will occur in 
the near future and concerning which further information may be obtained 
from the local offices: 



-34- 
RESTORATION FROM RECLAMATION WITHDRAWAL, 

(231) 

MONTANA: ; ..,,... ■■•;■.: 

About 2,200 acres in Teton County, Great Falls land district, all 

in T» 22 N~, R» 8 W», M. M»; open to homestead and desert-land entry, 

beginning March 3, 1922, for a period of 91 days to 'ex-service men of the 

World War, subject, however, to 'valid/ prior settlement .and preference 

rights; filings may be presented during the 20 days .preceding that date , 

or from February 11 to March 2, 1922, ■ inclusive.. Any .lands ^remaining '.. 

unentered after the' expiration of the 91-day* period, that" is beginning ' ' ' 

June 2,. 1922, will be. open to. settlement and aJL.1 forms t of .entry and 

selection by' the general public however, . f or the gVeate.r part of the 

lands restored a successful appliccvat* will be required to .file a petroleum 

or an oil and gas waiver and will .obtain ..on'jLy "surface .title, 'to the land 

and further all the lands are. opened, to entry, subject to the execution 

by any prospective' entryman o'f an easement .for highway and telephone line 

and easement for flpwage and seepage in favor of the United States* The 

lands are near the Sun River, and in the vicinity of 5 the 

town of Choteau, Montana,' "'•' "■••' ">''•'* '••'.' 



3891 



rt : ' ■ 



-35- 



(252) FROM STOCK DRIVEWAY WITHDRAWAL. 

COLORADO : 

14,852 acres in Rio Blanco and Moffat t Counties, Glenwood 
Springs land district, opened to entry under the homestead and 
desert land laws "by ex-service men of the War with Germany for a 
period of ninety-one days "beginning May 27, 1922. Pilings may he 
presented at any time during the twenty days prior to that date, 
2,713 acres of the area have "been classified as coal land at from 
032 to C'150 per acre, and 1,6 42 acres are embraced in a Petroleum 
Reserve, and such lands are therefore subject to surface entry only 
under said laws; and 587 acres are withdrawn for power site purposes 
inl subject to entry only under the provisions of Section 24 of 
the Federal Power Act. On and after August 26, 1922, any lands 
re maining une n tc re d wi 11 be s ub je c t to appro pr i at i o n unde r any 
public land lav/ applicable thereto by the general public. The 
lands are released- from stock driveway withdrawal and approximately 
10,958 acres thereof have been designated under the Stock-Raising 
an d 3 n 1 arge d Ho me s tc ad Laws . T he p re f e re n ce g r ante d e x- se r vi ce me n 
in this restoration is subject to prior valid rights and equitable 
claims . 



-36- 
(253) 

-- r . , ADA: 

.LANDS CPE NED TC Ell TRY UNDER THE RECLAMATION ACT. 

Newlands Irrigation Project, Carson Division. 

Pursuant to Departmental Order of April 18, 1922, 
thirty-three farm units including approximately 3,000 acres in 
Churchill County, will he opened' to homestead entry under the 
reclamation act of June 17, 1902 (32 Stat., 388), to 
qualified ex-service men' of the World War, holding approved 
water right applications, commencing at 9 o'clock A.M., 
June 16, 1922, Water right applications must he filed with 
the project manage r t U. S . 'Reclamation service at Fallon, 
Nevada, in person, hy mail, or otherwise, within the period of 
four days beginning June 12, 1922, and extending to and 
including 9 A.M., June 16, 1922, and must he accompanied hy the 
re qui s i te wat e r r i gh t cha r'ge s . Al 1 home stead app lications must 

executed hy the applicant in person before a qualified 
officer" within the county or land district in which the land is 
g i tuate d , 

Contesta nts ha&JLrg, preference rights of entry for any of 
the land he entitled to' a thirty day period of notice given "by 
the local land office in which tfa exercise their preference right 

G eneral Ent ry. On and after September 16, 1922, .any . 
public lands described in the Departmental Order which remain 
unentered, shall be subject to entry by any person having the 
qualifications of a homestead entryman. 

All applicants ' for any land embraced in an oil and gas 
application or permit, will be required to waive the' right to 
the mineral content of the land. Also, rights- of way are 
re se rve d f o r co unty highways . 

The public notice also announces that water will be 
available for certain lands in private ownership. 

The lands described in the order are in the vicinity of 
the town of Fallon. Forms for water right applications may be 
obtained by addressing the U. S. Reclamation Service, Fallon, 






-3 7 



WYOMING; 

UBBB OffiHE* TC ^TRY THROUGH ^SURVEYS.WYCminG. 
The official Plat of the purvey of public lands in I. 
55 ».; R. 74 W., 6th R.M., was transmitted to the Surveyor 
General for Wyoming with letter dated Hay 5, 1922, with instructions 
to transmit a copy thereof to the United States Land Office at 
Newcastle for official filing after the usual thirty days ••notice. 
The date of filing ,xll,he fixed by the Register of that office. 
Approximately 9,500 acres will he opened to entry and subject to 
prior valid settled rights and equitable claims, ex-service aen 
of tte World War will he entitled to a preference right to enter 
these lands under the homestead and desert land laws for ninety- 
one days, beginning with the date of filing of the plat under public 
Resolution No. 36, of January 21, 1922; the lands will he opened 
to general entry on the expiration of the ninety-one day period. 
The lands are reported as rolling and valuable chiefly for 



grazing 



(235) 

W XI CO: 



FROM RECLAFJriGl! ",7ITHDRAWAL AKD FROM RESERVGIR 
SITE ■.■ITHDRAWAL. 



About 20,000 acres in Dona Ana and Sierra Counties, Las 
Cruces land district, opened. to homestead and desert land 
::ntry beginning June 29, 1922, to ex-service men of the world 
war, subject, however, to valid prior settlement and preference 
rights; filings may he presented during the twenty (20) days 
preceding that date, or from June 9 to June 28, 1922, inclusive, 
\ny lands remaining unentered will be subject to homestead entry 
only by the general $0&J)£« for the twenty-one (21) day period 
from September 28, to October 18, 1922, inclusive; filings may be 
presented during the twenty (20) days preceding, that is, from 
September 8, to September 27, 1922, inclusive. If any land 
remains unentered on October 19, 1922, it will be opened on that 
date to settlement and all proper forms of entry and selection 
by the gene ral jpublic. The lane 1 is along the Rio 'Grande River, 
is in the vicinity of. the towns of Las Cruces and Rincen and may 
be reached by the Atchison, Topcka and Santa le Railroad. 
Practically all of the lands are within the boundaries of the 
Elephant Butte Irrigation District, which was approved November 
25, 1921, under the provisions of the Act of August 11, 1916 
(39 Stat., 506), therefore, all of public lands included in the 
district will be subject to taxation for irrigation purposes as 
provided by said act.. 

Available information indicates that the tracts range from 
level bottom land to aruggedtand mountainous slopes, the soil 
lilsewise has a wide range from rich sandy loam to a stony 
and gravelly conglomerate. (4151) 



(256) -39- 

NFBRAGKA AND WYOMING. 

FROM RECLAMATION WITHDRAWAL. 
About 1,000 acres in Scotts Bluff and Sioux Counties, 
Nebraska, and 13,000 acres in Goshen, Platte, and Natrona Counties, 
Wyoming, Alliance, Nebraska, and Cheyenne and Douglas, Wyoming, 

land districts^, will he opened to homestead and desert land entry, 
"beginning June 29, 1922, to ex-service men of the World War, subject, 
Uowever, to valid prior settlement and preference rights; filings 

lay be presented during the twenty (20) days preceding that date, 
that is from June 9 to June 28, 1922, inclusive . Any lands 
remaining unentered will be subject to homestead entry only by the 
general public, for the 21-day period from September 23 to October 
IS, 1922, inclusive; filings may be presented during the twenty (20) 
days preceding, or from September 8 to September 27, 1922, inclusive. 
If any land remains unentered on October 19, 1922, it will be open, 
on that date, to settlement and all proper forms of entry and 
selection by the general public. The lands arc in the vicinity of 
North Platte River and those in Nebraska near the town of Morrill; 
those in Wyoming being in the neighborhood of the towns of 
Torrington, Ft. Laramie, and Casper, and may be reached via the 
Chicago, Burlington and Q,umcy, and Wyoming and Northwestern 
Railroads. These lands arc restored from reclamation withdrawal, 
that is, no water for irrigation purposes will be available from a 
Federal Reclamation project. Most of the land restored in Nebraska 
is already appropriated. Available information indicates that the 
tracts are hilly and that the soil is good second-rate. 

(C^ZER) 



-40- 
In the Douglas, Wyoming, land district, scrnc of the lands 
restored are included in a petroleum withdrawal, therefore, any 
applicant for such lands must file a petroleum waiver in favor 
of the United States. Also, some of the lands in that district 
are included in a coal withdrawal, accordingly, successful 
applicants for such land must file consent to take entry subject 
to ccal reservation. 



4160 



-41- 

OPENING TO SALE OF LANDS IN AN ABANDONED 
MILITARY RESERVATION, 

(257) 

SOUTH DAKOTA: 

137.66 acres of land in Gregory County, South Dakota, formerly 
included in the Fort Randall Abandoned Military Reservations, and 
comprising the balance of the unallotted, unreserved and unentered 
lands therein, will be offered for sale to the highest bidder© for 
cash, at not less than £l»25 per acre, at the United States land office 
at Gregory, South Dakota, commencing at 10 o'clock, a»tn«., June 27, 1922, 



LANDS OPEN TO ENTRY THROUGH 
SURVEYS, 

(258) 

NEVADA: 

The official plats of the survey of public lands in Ts* 9 N*,JAs. 28 
and 29 E.. , T. 33 N.,, R. 48 E., Ts» 32 and 33 N», R, 49 E.., Ts. 31, 32, 
33, 34 and 35 N., R» 50 E., Ts. 34 and 35 N%, R. 51 E., and T, 33 N%, 
R* 52 E..., M.D.M., were transmitted to the Surveyor General for Nevada, 
with letter dated May 22, 1922, with instructions to transmit copies 
thereof to the U, S. Land Offices at Carson City and Elko for official 
filing after the usual 30 days notice. The date of filing will be 
fixed by the registers of these offices. Approximately 89,000 acres 
will be opened to entry and subject? to prior valid settlement rights 
and equitable claims, ex-service men of the World War will be entitled 
to a preference right to enter these lands under the homestead and 
desert land laws for 91 days beginning with the date of filing of 
the plats, under public resolution No. 36, of January 21, 1922; lands 
opened to general entry on the expiration of the 91 day period* 

The townships heretofore named embrace every variety/ of lands 
from level plains to rolling and rough mountains. The mountainous 
lands generally covered with timber, the more rolling or open lands 
afford winter grazing for stock* 



LANDS OPEN TO ENTRY THROUGH SURVEYS, ARIZONA. 
(259) 
ARIZONA: 

The official plats of the survey of public lands in T. 42 N., R. 
14 W., Ts. 41 and 42 N., R. 15 W., Ts. 40 and 42 N», R. 16 W«, G. & S. R. 
M., were transmitted to the Surveyor General for Arizona, with letter 
dated May 13, 1922, with instructions to transmit copies thereof to the 
U. S. land office at Phoenix for official filing after the usual thirty 
days notice. The date of filing mil be fixed by the Register of that, 
office. 



The said surveys were made upon application of the State and public 
lands involved aggregating about 29,800 acres were withdrawn under the 
provision of the act of August 18, 1894 (29 Stat,, 394), until 60 days 
after the date of filing of the plats, during which period the State has 
a preference right to select lands therein in satisfaction of public 
land grants. Upon the expiration of said period ex-service men of the 
"orld War subject to prior, valid settlement rights and equitable claims 
are entitled to a preference right to enter under the homestead and 
desert land laws or 91 days, lands not selected by the State, All lands 
open to general disposition on the expiration of the soldiers* preference 
period. The lands are reported as rolling and mountainous with sufficient 
grass for grazing purposes. 

LANDS OPEN TO ENTRY THROUGH SURVEYS. 
(260) 
IDAHO: 

The official plats of the survey of public lands in T, 8 N., R* 
26 E,, and T. 16 N., R. 27 E., B.M., were transmitted to the Surveyor 
General for Idaho with letter dated May 19, 1922, with instructions to 
transmit copies thereof to the U. S. Land Office at Hailey for official 
filing after the usual thirty days notice. The date of filing will be 
fixed hy the Register of that office. Approximately 11,500 acres will 
be open to entry and subject to prior, valid settlement rights and 
equitable claims.. Ex-service men. of the World War will be .entitled to 
a preference right to enter these lands under the homestead and desert 
land laws for 91 days beginning with the date of filing of the plats 
under Public Resolution No, 36 of January 21, 1922; lands open to 
general entry on the expiration of the 91 days period. 

The lands are reported as rolling and mountainous, with a good 
growth of grass and well watered for stock-grazing* 



LANDS OPEN TO ENTRY THROUGH SURVEYS, 



(.261) 

UTAH: 

The official plat of the survey of public lands in T.29 S,, R« 6 S., 
S.L.B. & M,, was transmitted to the Surveyor General for Utah, with letter 
dated May 20, 1922, with instructions to transmit copy thereof to the U. S. 
Land Office at Salt Lake City for official filing after the usual 30 day 
notice. The date of filing will be fixed by the register of that office* 
Approximately 3,900 a6res will be opened to entry and subject to prior 
valid settlement rights and equitable claims, ex-service men of the World 
War will be entitled to a preference right to enter these lands under 
the homestead and desert land laws for 91 days, beginning with the date 
of the filing of the plat under Public Resolution No, 36, of January . 
21, 1922; the lands opened to general entry on the expiration of the 91 
day period. The lands are reported as rough and mountainous, covered with 
medium growth of pinon and cedar timber* 



-43- 

COMSCLIDATFD WORK REPORT OF LOCAL LAND OFFICES 
FOR MONTH OF APRIL, 1922. 





: End i^ast Mo. L. 


Received and 


End cf This Month 








P.is posed of . 










pend- 


. Sus- : Pcn- 


Rec'd 


Trans- 


Nov 


Nov 


Pend- 




ing 


pend- :ding 


in 


mitted 


pend* 


sus- 


ing 




:de- 


ed :unac- 


this 


to 


ing de- 


pen- 


unact- 


OFFICES . 


•sig- 


rejec -:ted 


month 


GLO 


signa- 


ded- 


ed 




nat- 


.ted : on 




this 


tion 


re jec- 


on by 




ion 


: other-: by 
wise :R &R 




month 




ted 

other 

wise 


R & R 


•Alabama 
















Montgomery .(a) 




27 : ': 


16 


19 . 




24 




Al&aka:. 
















Fairbanks (a) 
















Juneau (a) 
















Nome (a) 
















Arizona 
















Phoenix (a) 
















Arkansas 
















Camden 




12 : 


18 


16 




14 




Harrison 




21 : 


78 


61 




38 




Little Rock 


: 2 


110 : 


44 


46 


2 


. 108 




California 
















El Centro 


7 


: 20 : ' 


50 


54 


8 


15 




Eureka 


43 


1 : 


. 13 


11 


: 44 


2 




Independence 


55 


69 : 


51 


29 


: 63 


83 




Los Angeles 


57 


174 : 


• 149 


162 


: 58 


160 




Sacramento 


122 


. 48 : 


: 141 


123 


. 125 


63 




San Francisco 


125 


: 70 : 


. 98 


83 


137 


73 




Susanville 


34 


34 : 


11 


21 


: 37 


21 




Visalia 


31 


• 27 : 


: 57 


54 


: 30 


: 31 




Colorado 
















Del Norte 


. 80 


13 : 


55 


49 


. 80 


: 19 




Denver 


192 


• 48 : 


. ■ 87 


91 


: 196 


40 




Durango 


112 


: 41 : 


: 65 


60 


: 107 


51 




Glenwood Springs 


524 


: 172 : 


: 181 


153 


: 550 


- 174 




Hugo (a) 
















Lamar 


104 


: 47 : 


94 


58 


: 101 


: 86 




Leadville 


59 


: 38 : 3 


: 38 


31 


: 61 


: 46 




Montrose 


' 274 


. 46 : 


: 90 


71 


. 282 


: 57 




Pueblo 


: 388 


: 240 : 


. 242 


. 15 


: 388 


: 230 


: 237 


Sterling 


I 21 


: 18 : 


. 23 


23 


: 24 


11 


: '4 


Florida 
















Gainesville 


i 


19 : 11 


87 : 


88 : 




22 


7 



-44- 



Idaho 




Blcckfoot 


: 244 


Boise 


156 


Coeur d'Al 


3ne 3 


Hailey 


: 90 


Leva st on 


: 16 


Kansas 




Topeka 


: 33 


Louisiana 




Baton Rouge 


5 


Michigan 




Marquette 




Minnesota 




Cass Lake 




Crookston 


'a) 


Buluth 




Mississippi 




Jackson 




Missouri 




Springf ielc 


1 


Montana 




Billings 


73 


Bozeraan 


154 


Glasgow 


290 


Great. Falls 


; 45 


Havre 


137 


Helena 


207 


Kali spell 


1 


Lewi st own 


:483 


Miles City 


463 


Missoula (e 





Nebraska : 




Alliance 


331 


Broken Bow: 


22 


Lincoln 




Nevada : 




Carson Citji 


43 


Elko : 


66 


New Mexico ; 




Clayton : 


69 


Ft. Sumner. 


125 


Las Cruces: 


108 


Ro swell : 


184 


Santa Fe : 


338 


Tucumcari : 


45 


North Dakota: 




Bismarck 


9 


Dickinson : 


68 


Minot : 


9 


Villi st on : 


20 


Oklahoma : 




Guthrie : 


50 



: 161 : 16 


: 175 


: 181 


: 244 


: 161 : 


: 112 : 


: 176 


: 136 


; 146 


: 162 : 


: 24 : 


: 19 


: 18 


: 3 


: 25 : 


: 105 : 


: 57 


: 58 


: 62 


: 132 : 


: 12 : 


: 10 


: 10 


: 16 


: 12 : 


: 11 : 1 


: 16 


: 19 


: 35 


: 5 : 


45 : 


: 48 


: 44 




: 49 : 


: 10 : 


: 16 


: 15 




: 11 : 


: 30 : 


: 22 


: 28 




: 24 : 


: 37 : 


: 39 


: 41 




35 : 


: 11 : 


: 23 
: 1 


28 
1 




6 : 


: 153 : 


30 


18 


: 74 


164 : 


: 102 : 


70 


: 68 


151 


107 : 


: 170 : 


131 


168 


267 


156 : 


: 138 : 


99 


102 


40 


140 : 


: 113 : 


: 102 


105 


132 


115 : 


: 93 : 


71 


78 


213 


80 : 


: 14 : 


12 


13 


1 


13 : 


61 : 


67 


102 


450 . 


59 : 


; 205 : 


275 


274 


431 


238 : 


: 7 ; 


19 


18 


33 . 


6 : 


: 4 : 


11 


11 . 


23 


3 : 


: 5 : 




1 : 




4 : 


: 92 : 


95 


74 


44 . 


112 ; 


: 42 : 


47 


20 


68 


67 : 


: 43 : 


73 


82 . 


70 : 


33 : 


: 103 : : 


121 i 


159 : 


97 : 


89 : 


: 161 : 2 : 


168 . 


191 


107. : 


140 : 


: 144 : 3 : 


206 : 


280 : 


155 : 


102 : 


: 396 : : 


349 : 


422 : 


311 : 


350 : 


: 18 : : 


30 : 


23 : 


46 : 


23 : 


: 21 : 


17 . 


9 : 


9 : 


29 : 


: 34 : : 


12 : 


38 : 


56 : 


20 : 


: 11 : : 


14 : 


19 : 


9 : 


6 : 


: 28 : : 


17 . 


17 : 


22 : 


26 : 


: 36 : : 


70 : 


61 : 


58 : 


25 : 



•45- 



Oregon 






Burns 


59 


17 


La Grande 


150 


175 


Lake view 


59 


22 


Portland 




3 


Rose burg 


4 


22 


The Dalles 


209 


67 


Vale 


88 


57 


South Dakota 






Belief ourche 


17 


31 


Gregory 


14 


1 


Lemmon 


59 


: 28 


Pierre 


69 


36 


Rapid City 


127 


56 


Timber Lake 


46 


38 


Utah 






Salt Lake City 


728 


• 271 


Vernal 


37 


41 


Washingt on 






Seattle 




16 


Spokane 


38 


32 


Vancouver 


5 


12 


Walla Walla 


41 


: 4 


Waterville 


89 


: 57 


Yakima 


17 


14 


Wisconsin 






Wausau 




5 


Wyoming 
Buffalo 


140 


95 


Cheyenne 


360 


388 


Douglas 


151 


218 


Evanston 


148 


202 


Lander 


78 


88 


Newcastle 


261 


128 



TOTAL 



8806 



6171 



20 



56 



6293 



6203 



29 


24 


60 


21 


39 


38 


95 


231 


22 


10 


65 


18 


25 


26 




2 


73 


67 


3 


29 


81 


90 


218 


49 


46 


44 


90 


57 


30 


38 


18 


22 


3 


7 


10 


1 


21 


24 


59 


25 


29 


19 


71 


1 44 


95 


105 


118 


5 55 


30 


33 


: 42 


39 


391 


330 


653 


307 


30 


: 31 


38 


39 


4 


: 5 




15 


24 


31 


: 36 


27 


12 


: 14 


: 5 


: 10 


26 


24 


: 40 


: 7 


45 


40 


: 89 


: 62 


10 


13 


: 19 


9 


7 


5 




7 


136 


145 


133 


93 


166 


160 


: 385 


369 


281 


314 


157 


187 


49 


55 


151 


193 


115 


82 


93 


106 


178 


179 


269 


119 



8583 



10 



12 



6240 



300 



Note (a) No report received from these offices on May 27, 1922* 



-46- • . 

(PUBLIC NO. 198-67thCOIJGRESS.) 

An Act Authorizing extensions of time for payment of purchase 
money due under certain hcmestead entries and Government -land 
purchases within the former Cheyenne River and Standing Rock 
Indian Reservations, North Dakota and South Dakota* 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That any homestead 
entryman or purchaser of Government lands within the former Cheyenne 
River and Standing Rock Indian Reservations in North Dakota and South 
Dakota who is unable to make payment of purchase money due under his 
entry or contract of purchase as required by existing law or 
regulations, on application duly verified showing that he is unable 
to make payment as required, shall be granted an extension to the 1923 
anniversary of the date of his entry or contract of purchase upon 
payment of interest in advance at the rate of 5 per centum per annum' 
on the amounts due from the maturity thereof to the said anniversary; 
and if at the expiration of the extended period the entryman or 
purchaser is still unable to make the payment he may, upon the same 
terms and conditions, in the discretion of the Secretary of the Interior, 
be granted such further extensions of time, not exceeding a period of 
three years, as the facts warrant. 
Approved, April 25, 1922. 



(PUBLIC NO. 215 67th CONGRESS.) 

An Act Extending the period for homestead entries on the south 
half of the Diminished colville Indian Reservation* 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the period provided 
by law for the filing of homestead' entries upon the lands of the south 
half of the Diminished Colville Indian Reservation in the State of 
Washington, as provided in the Act of Congress approved March 22, 1906, 
be, and is hereby, extended for a period of five years from and after 
the 4th day of September, 1921. 
Approved, May 9, 1922. 



-47- 

BIND THE BULLETIN* 

Members of the Land Service receiving the Bulletin are requested 
to assemble the 12 numbers of Vol* 5 and transmit them to the General 
Land Office, where they will be bound, uniform with the four preceding 
volumes, and then returned* 



TELL THE BULLETIN. 
To all Local Offices and Field Service Employee s : 

If anything occurs, in the public land service, which you think 
is of administrative value, tell us about it. Address all communications 
to the Commissioner of the General Land Office, "Land Service Bulletin," 
All information should be received not later than the 24th of each month 
for use in the current number* 



4249 




Vol. 6. 



July 1, 1922, 



Wo. 5. 



ALASKA HOMESTEAD LAI7. 



For several sessions, bills have been pending in 
Congress making provision for the allowance of homestead 
entries in Alaska, with the reservation to the United States 
of specified minerals of non-metalliferous character. The 
legislative assembly of the Territory at first session of 
1913 memorialized Congress for the enactment of a law 
applicable to Alaska, similar to the Act of' June 22, 1910, 
permitting homestead entries of lands' classified as coal, with 
the reservation of the coal to the United States. The 
Department thereupon presented to Congress a bill intended 
to meet the necessities of the situation in Alaska; and 
thereafter, from time to time, like bills were introduced With 
the approval of the Department and public land committees of 
both Houses of Congress. It was not until the present session, 
on March 8, 1922, that the proposed measure took the form of 
law, under the act entitled "An Act to provide for agricultural 
entries on coal lands in Alaska." Uhilc the statute, by title, 
is limited to coal lands, in fact its terms provide as well 
for the entry of lands valuable for oil and gas. 

The passage of this bill will result in the issuance 
of many homestead patents that have been awaiting relief enact- 
ment of this character; notably is this true in the lignite 
field of Cook Inlet, as well as in the neighborhood of 
Anchorage where the homesteader is confronted with- the possible 
claim of both oil and gas seekers. 

To the agriculturists must the Territory look for its 
substantial and permanent development. Uith the farm and the 
home a certainty, the future of Alaska is an accomplished fact; 
and this act gives assurance that cannot fail to encourage 
settlement on lands of actual agricultural value, irrespective 
of their possible value for coal, oil or gas. 



-2- 
:jevey NOTES, 



Fort Davis Abandoned Military Reservation^ 

By Executive Order of Nov. 4, 1921, the military 
reservation at Fort Davis, Alaska, created by Executive Order 
of Dec. 8, 1900, was declared abandoned for military purposes 
end placed under the control of the Secretary of the Interior, 
for disposal under the terms of the act of July 5, 1884 
(23 Stat., 103). As the lands cannot be disposed of until 
surveyed and subdivided into lots or blocks of suitable 
dimension, the U. S. Surveyor General was authorized and directed 
by letter of June 1, 1922, to issue appropriate special 
instructions for such survey. The lands are described as 
being near the mouth of Nome River and running thence 
southeasterly along the coast of Bering Sea, about one mile, 
and are reported to be improved by thirty-one frame buildings* 
Of these buildings, three were, by the act of April 15, 1922, 
donated to missionary purposes, the material to be used 
for the erection of a hospital for the benefit of both natives 
and whites of the Nome district. This act, however, conveys 
no title to the lands but contemplates the severance and 
removal from the reservation of the material from which the 
buildings are constructed. Two other buildings are the 
subject of a permit dated April 20, 1922, whereby they arc 
made available for the use and occupancy of the Alaskan 
Engineering Commission. This permit is subject to rescission 
on tho disposition of the buildings by sale or otherwise and 
will be disregarded in the stic division of the lands. 

As the act of July 5. 1884, requires that the lands 
be appraised and disposed of at public auction the engineer 
to be assigned to make the survey has been authorized to form 
a board of three appraisers of which he will be one and to 
appraise each and every lot or: tract created in the survey. 

Surveys on Indian Reservations. 



The allotment to this office during the past month of 
funds from the appropriation for survey and allotting Indian 
reservations, reimbursement 1922-1923, which funds are made 
immediately available by the act of May 24, 1922, has made it 
possible to renew field activities on several of thd more 
important surveys requested by the Indian Office. 

The work upon the Blackfeet Indian Reservation, 
Montana, perhaps is the largest of these undertakings. It 
involves the subdivision of the reservation to accommodate over 
7,000 allotment selections and will call for a total expenditure 
of approximately 085,000. The work accomplished last season was 
limited to 02,000 and for this season but 015,000 is made 
available. 



In Montana there are surveys also to be executed on the 
Crow Indian Reservation of lands along the Big Horn River alleged 
to have been omitted from the original surveys, and authority has 
just been issued for the survey of two townsites upon the Fort 
Bfelknap reservation at Lodge Pole and Hays based upon Departmental 
instructions of May 22, 1922. 

In California surveys are in progress on the Martincz- T orres 
and Morongo Mission Indian reservations. The work on the first- 
named reservation involves the identification by survey of 
approximately 220 allotments of 40 acres each and is mo.de 
particularly interesting by reason of the fact that some of these 
allotments will probably include lands that have been recently 
uncovered by the recession of the waters of Salton Sea. 

On June 4, 1922, special instructions were prepared 
under' the first of several groups which will be required for the 
completion of the allotment surveys authorized upon the Cheyenne 
River Indian reservation, South Dakota. Field work will be 
commenced -.under these instructions within the next thirty days. 

Red River' Oil Field, 

A limited number of allotment surveys within the Kiowa 
and Comanche Indian Reservation fronting on the north bank of 
Red River, Oklahoma, with an extension of side lines to partition 
riparian rights within the river bed, will be required for the 
purpose of defining the rights of Indian allottees within the 
Red River Oil Fi e ia s northwest of Burkburnett, Texas, pursuant 
to the decision of the U. S. Supreme Court announced on May 1, 
1922. Plans and specifications for this work are in course of 
preparation. 



ACCEPTED SURVEYS. 

During the month of June, there have been examined by 
the division of surveys, and placed of record, plats and field 
notes of accepted surveys and resurvcys, representing an area 
of 637,832 acres of land, the original plats showing this work 
amounting to 132 in number* 

The total acreage of surveys and resurveys examined 
and accepted during the fiscal year of 1922 by the Survey 
division, amounts to 6,151,892 acres. The banner district 
this year is Arizona, with 1,500,000 acres. 



-4- 

ALASKA SURVEYS. 

Since Congress authorized the extension of the rectangular 
system of public land surveys to the District of Alaska, over 
1^,550,000 acres have" been brought under survey. These surveys 
have been placed under the control of three independent meridians 
established as follows: The Seward Meridian initiated just north 
of Resurrection Bay and extending to the Matanuska Coal Fields; 
the Fairbanks Meridian commencing near the tovm of that name and 
controlling the surveys in that vicinity including the Nenana Coal 
Fields "and the Copper River Meridian which lies in the valley of 
the Copper River and from which surveys have been executed as 
far north as the Tenana River and south to the Bering River Coal 
Fields and the Gulf of Alaska. 

All of these surveys have been confined to known 
agricultural areas, the coal fields and such adjoining lands as 
might under normal conditions b e attractive to settlers. The 
acreage above stated does not represent all of the lands in 
Alaska that have been actually surveyed, as a very substantial 
area has been covered by special metes and bounds surveys scattered 
over widely separated regions of Alaska, so as to include 
townsites, reservations of various types, native allotments, trade 
and manufacturing sites and homestead entry claims. Surveys of 
the last two types are procurable, at the expense of the 
claimants, but by Act of June 28, ' 1918, Congress has made 
provision for homestead surveys without expense to the claimants 
where the rectangular system of public land surveys has not been 
extended over the lands involved, 

NOTES FROM THE FIELD SERVICE* • 

Tour of Inspection. 

The Assistant Commissioner of the General Land Office, 
Mr. ^'ickham, has been on a general tour of inspection during the 
month of June, visiting the district land offices and field 
division headquarters through the northwest. At Portland, 
Oregon, he was the guest of honor at a special reception tendered 
by the Federal officials. 

********* 
Special Agent, M.J. Doyle, of the Santa Fe Field 
Division has been at headquarters since June 22, in conference 
over some important cases, the subject of recent investigation. 

Items from the Docket . 

Three suits won. . One for trespass in California and 
settlement offer of 0866.25 accepted; two for forfeiture of- right- 
of-way in Colorado and "Jyoming. 

Payment of £8,750.00 ma de in final settlement of suit 
for recovery of value of land in Oregon. 

One indictment in Arizona for removing Government corner 
stone. 



• 5- 



One conviction for forgery in Montana and fine of 
C-100 reported paid on old case for conspiracy in Montana. 



MORE ".70RDS OF APPRECIATION. 

There is nothing that more heartens the public servant 
than knowledge that his work is appreciated by the people '/horn 
he serves) and we know that the ishole Land Service will I 
encouraged to put forth more vigorous efforts in all fields 
of action by the following appreciative expression clipped 
from the Colony weekly News of Y.yoming. 

. "After the people of the west had become accustomed 
to waiting, anywhere from one to ten years for their patera: s, 
a new 'administration steps in and inaugurates changes in che 
land d epar'tment which are both surprising and gratifying. Cne 
result is that patents are now being issued a few months after 
proof is submitted, and the old cases that have been pigeon- 
holed for years are being cleaned up. 

"This reform was not brought about by the addition of 
new names to the government pay roll, but rather by putting 
western men in the responsible positions in the land 
department. ' They have the interests of the west at heart and 
have eliminated a great deal of useless red tape in the 
handling of land cases. They have speeded up the work all 
along the line and the majority of land cases are now kept 
moving until patent issues, instead of waiting for months 
and years awaiting action. 

"The following list of those who received patents 
recently through the Newcastle land office speaks for itself: 
(A list of ninety-one names is given.)" 

The Vernal Express of Utah, has this to say: 

"Patents have been received here in great numbers 
lately," says Register Albert Halen. "This is quite an 
improvement on what it used to be. In the pant it tock 
three or four years to get a patent, while now several have 
been issued within two months after final proof was made." 



-6. 



TIME FOR FILING HOMESTEAD ENTRIES ON SOUTH HALF FORMER COLVILLE 
INDIAN RESERVATION EXTENDED. 



Under the provisions of the act of Mar. 22, 1906, 
(34 Stat., 80), lands within the south-half of the former Colville 
Indian Reservation, 'Washington which were opened to homestead 
entry of September 5, 1916, were automatically withdrawn from such 
entry on September 4, 1921 for the purpose of sale. However, plans 
were never made for a sale of these lands inasmuch as S. 2440 was 
pending in Congress providing for extending the time within which 
homestead entries could be rrade for said lands for a period of fivo 
years. The proposed bill was enacted into law and approved by the 
President on May 9, 1922. On May 26,1922, the Secretary approved 
instructions to the Registers and Receivers at Spokane and Water- 
ville, Washington, directing them to allow ex-service men a ninety- 
day preference right of entry commencing May 9, 1922. After "Ugust 
28, 1922, the lands will be subject to general disposition under 
applicable laws up to and including September 4, 1926. Circular 
regulations appear in this Bulletin under date of May 26. 

SiiLE OF TOWN LOTS AT OMAK, 
■WASHINGTON. 



A representative of the Commissioner of the General Land 
Office, on June 15 and 16, sold at public auction at Onak, 
'Washington, 95 lots in the towns it e of Cmak, in the Colville 
Indian Reservation. The lots sold for a total of 05,277.00. 
The unsold lots are now subject to cash entry at the Spokane, 
"Washington Land Office, at the appraised price. 



REVESTED OREGON AND CALIFORNIA R.R. GR..NT LANDS. 

Under the Act of May 31, 1918 (40 Stat., 593), and 
Departmental regulations thereunder, approved July 17, 1918 
(46 L.D., 424) , providing for the consolidation of the timber 
holdings of the U.S. formerly embraced in the grant to the 
Oregon and California R.R. Company, exchanges of timber lands 
with the Duncan-Brewer Lumber Company of Duluth, Minnesota and 
the Pacific States Lumber Company of San Francisco, California, 
have recently been consummated. The selected lands patented 
under these exchanges aggregate 22,270.71 acres while the lands 
received therefor by the Government total 23,669.61 acres. 

At the present time the office has under consideration 
eight applications under said exchange Act, six of which are 
now undergoing field examination. The remaining two have been 
examined in the field and have been reported on but further 
action thereon is necessary prior to their approval for 
patenting. One exchange app!.i< b ion was recently denied. 



-7- 

LECONTE MEMORIAL LECTURES IN THE YOSEMITE, 1922. 



During the months of June and July, the University of 
California Extension Division will conduct the fourth series of 
LeConte Memorial lectures in the Yoscmite National Park. These 
lectures are offered annually in honor of Joseph LeConte, for 
30 years a member of the faculty of the University of California. 

As in past years, the lectures offered for the season 
6f 1922_ will deal with subjects of literary and scientific 
interest. They will be non-technical in character and 
interesting as well as instructive. The speakers are men who 
have brought recognition to themselves by achievements in their 
respective fields* 

The LeConte Memorial Lectures have become a tradition. 
Interesting and comprehensive, they stand as something unique 
in the field of popular instruction. The lectures are free to 
the visitors to Yoseaite National Park. 

The program of the 1922 Le Conte Memorial Lectures is 
as follows: 

I. Herbert E. Bolton, Professor of American History, 

University of California. 
The Early History of the Yosemite Region, (illustrated). 

1. Early Trails in the Yosemite Region. Tuesday, June 20. 

2. Discovery of the Yosemite Valley,. Thursday, June 22, 

3. History of the Yosemite Reservation, Friday., J une 23. 
To be given in the Government Pavilion at 8 o'clock. 

II. George D. Louderback, Professor of Geology, University 

of California* 
Certain Geological Aspe cts of the Sierra. 

1. Nature and Origin of the Rock Masses, Tuesday, June 27. 

2. Development of the Mountains. Thursday, June 29, 

3. Glaciers and their Effects. Friday, June 30. 

to be given at the LeConte Memorial Lodge at 8 o'clock. 

III. Eugen Neuhaus, Assistant Professor of Art appreciation, 
University of California. 
Nature and Art. (Illustrated). 

1. The Appreciation of Art, Tuesday, July 4. 

2. The Relation of Art to Nature* Thursday, July 6. 

3. The Painters of 7,'estern Scenery. Friday, ^uly 7. 
To be given in the Government Pavilion .t 8 o'clock. 

IV. Loyc H. Miller, Associate Profesrcr of Biology, Southern 
Branch, University of California. 
California's Animals -of the Past. (Illustrated). 

1. Records of the Earliest Forms of Life. Tuesday, July 11, 

2. Some Prehistoric Mammals* Thursday, ^uly 13. 

3. The Fossil Birds, Friday, July 14. 

To be given at the Le Conte Memorial L £g e a -t 
8 o 'clock. 



CLASSIFICATION OF PUBLIC LANDS, 



Secretary Fall has just issued the following statement in 
which he summarizes the work of the Department of the Interior in the 
classification of public lands through the Geological Survey during 
the month of May, 

More than 500,000 acres of land were classified under the 
stock-raising homestead law and were designated for entry in tracts 
of 640 acres or less. Much of the acreage, classified, however, is 
included in original entries or in applications which confer a pref- 
erence right. The areas classified during the month, by States, are 
as follows: 

Arizona ' 65,910 

Colorado 81,220 

Idaho 400 

Montana* 109,092 

Utah 92,805 

Wyoming ..185,952 

533,379 

A little more than 300,000 acres in Arizona, Montana, and 
Washington were included in formal orders designating land as non- 
irrigable under the enlarged homestead acts and to that extent subject 
to entry as homesteads of 320 acres or less. Much of this area, however, 
had already been classified as of the stock-raising homestead type, 
that is, 640-acre homestead land, This action, therefore, has little 
significance to prospective homesteaders. 

About 100,000 acres in Wow Mexico previously withdrawn for 
coal classification purposes, and small areas in Arizona, Montana, 
New Mexico, and Wyoming, previously included in public-water re serve ,w"dS?6' 
restored to entry. About 25,000 acres of land in Colorado, Idaho, and 
Oregon formerly withdrawn as power-site lands were restored to entry, 
and more than 4,000 acres in California, Idaho, and Washington were 
classified as power-site lands. 

During May the Geol6gical Survey reported upon the structural 
relations of 324 applications for prospecting permits under the oil 
sections of the leasing act of February 25, 1920, thus bringing the 
number of such reports rendered since the passage of the act to 13,882. 
About 300 such applications were pending in the Survey, May 31, 1922* 
During the month reports were rendered on 41 applications for coal 
prospecting permits, making a total of 563 such reports rendered since 
the passage of the act. The Survey has reported on 159 applications 
for coal leases. 



-9- 



FORT PECK INDIAN LANDS. 

By order dated June 22, 1922, the Department directed 
that the time during^ which no adverse action trill be taken on 
homestead entries for Fort Pock Indian lands Tor failure of an 
entryman to make any required payment either of principal or 
interest be extended until January 1, 1923, in order that Congress 
may have further time \7ithin which to take action on H.J. Res* 
64, entitled "Joint Resolution for the relief of delinquent 
homesteader on the Fort Peck Indian Reservation in Montana." 
The resolution has passed the Senate but no action has been 
taken thereon by the House. Adverse action on entries of these 
lands was first suspended by Departmental order dated June 24, 
1921 until January 1, 1922, pending consideration by Congress 
of the proposed relief legislation. By order dated December 
20, 1921, the Department extended the time until July 1, 1922. 

LOCATION OF I7ARE SCRIP. 

Definitions: "Territory of Missouri, subject to sale"; 
or"The sale of which is. authorized by law. " 

In a decision rendered March 31,. 1922, and on rehearing 
June 16, 1922, in connection with an application to locate 
"Ware Scrip" in southwestern Kansas, the Department held that 
the western boundary of the Louisiana Purchase, between that 
country and the Spanish possessions known as New Spain, had 
never been fixed prior tc the treaty concluded February 22, 1819 
(8 Stat., 252), and that land not within the limits of the 
Louisiana Purchase, as thus defined, was never at any time a 
part of what was called MissouriTerritory, 

The decision of June 16, 1922 (on rehearing) held 
that the Territory of Missouri, within the meaning of the Act 
of December 28, 1876 (19 Stat., 500), authorizing the legal 
representatives of Samuel ware to locate 640 acres of land 
subject to sale within what was known as the limits of the 
former Missouri Territory, was the territory as organized 
into counties, thus restricting the location of "".".'arc scrip 
to an area now embraced within the States of Arkansas and 
Missouri, 

On November 18, 1818, (2 L.I.& 0. 296), thr Secretary 
of the Treasury gave a similar definition saying: 

"The Territory of Missouri, within the meaning of 
the Act of. Congress of the 12th of April, 1814, was the 
Territory as organized into counties. ^ny other construction 
might give rise to claims through the whole extend of country 
from the Mississippi to the Pacific Ocean." 

A similar distinction was recognized in Ex parte 
Crow Dog (109 U.S. 556), where the U.S. Supreme Court held that 
the Sioux Indian Rcscrvation(thcn unceded), while witnin ta^ 
geographical limits of Dakota, was not a part of Dakota 



-10- 

Territory within the meaning of the nets defining the jurisdiction 
of the territorial courts. 

EXTENSION OF T IME FOR PAYMENTS FOR CHEYENNE RIVER AND 
STANDING ROCK INDIAN LANDS. 

The act of Congress approved April 25, 1922 (Public 
No. 198) authorizes an extension of time for making payment on 
those entries for Cheyenne River and Standing Rock Indian lands 
on vjhich the time for completing payments as authorized by the 
act under which made and subsequent extension acts expires prior 
to the 1923 anniversaries of the dates of the entries. In order 
to obtain such an extension an entryman is required to file 
in the local land office an application duly verified, 
accompanied by payment of interest in advance on the amounts 
due from the maturity thereof to thol923 anniversaries of the 
dates of the entries at the rate of five per cent per annum. 
If at the expiration of the extended period entryman is still 
unable to make the required payment further extensions may be 
obtained from year to year in the same manner but no extension 
Tri.ll be granted beyond a period of three years from the 1923 
anniversary of the date of the entry. The act is also 
applicable to purchases of said lands made under the regulations 
of February 27, 1920. Full instructions under said act are 
contained in circular 829, in this number of the Bulletin, 



RECENT DECISIONS OF THE COURTS AND THE 
DEPARTMENT. 

Reilroad Lands — Exchange under Act of April 28, 1904. 

The case of Santa Fe Railroad Company vs. John Barton 
Payne, Secretary of the Interior, decided Hay 29, 1922, by the 
U. S. Supreme Court, involved an exchange of lands under the Act 
of April 28, 1904, between the railroad company and the United 
States. This act authorizes the Company, on the request of the 
Secretary to relinquish certain of its granted lands and then 
be entitled to select in lieu thereof , other sections of vacant 
public lands of equal quality. Under this Act, the Company 
relinquished certain tracts of coal land and thereafter 
selected other tracts of the same character. Some time after 
the selections "were made, they -acre rejected on the ground of 
their greater value than the relinquished lands, as shown by 
investigation made after the selection. 



-11- 

Lr. the disposition of the cr.se, the court hold that -.Then 
the lands were relinquished at the request of the Secretary, a 
contract was made and the Government was bound to convey to the 
company such vacant lands within the territory as the company 
should select, provided only that they were of equal quality. In 
theory of law, the court said, the obligation was immediate when 
the selection was made, if it complied with the conditions. It 
is true that the Secretary had to be satisfied upon that point, 
but his discretion was not arbitrary; it went only to the 
quality of the lands. The court therefore held that the validity 
of the selection must be determined according to the conditions 
existing at the time when it was made, ..citing the parallel cases 
of Payne vs. Central Pacific Railway Company, 255 U.S., 228; 
Payne vs. New Mexico, 255 U.S., 367 and Wyoming vs. U.S., 266 
U.S., 489,496, 



Mining Claim — Rights of Aliens. 

In considering the rights of an adverse claimant who was 
an alien, the Circuit Court of appeals, Ninth Circuit, in the 
case of Ginaca ct al v. Peterson (2C2 Fed. j\ep.,90<±;, suid: 



citizen of the United States, or must have declared 
her intention to become a citizen of the U.S. That 
is the rule, doubtless, where the adverse claimant 
endeavors to prosecute an adverse suit against oho 
-.The applies for a patent under the mining laws of 
the U.S., and wherein such adverse claimant seeks to 
obtain title to the mining claim for himself or 
herself. On the other hand, an alien is not 
prevented from Owning unpatented mining claims 
and an alien so owning may protect his property 
rights in the mining claims in adverse proceedings 
before the land department of the U.S. or in the 
courts, although he may not acquire title from 
the U.S. through such proceedings, Altoona Q.M. 
Co., v. Integral Q.M. Co., (114 Cal.100; 45 Pac. 
1047). 

Mississippi Swamp Lands — McLaurin Act. 

".'."here the State of Mississippi undertook to sell 
lands under the swamp land act, which were not covered 
by that statute, and the land continued to be a part 
of the public domain, the Government, by the 
subsequent McLaurin Act, relinquished all title or 
interest in the lands so sold, and the purchasers 
acquired title thereto. 

United States vs. Rivera Realty Co., (279 Fed. Rep. 
409). 



-12- 

Public waters— Appropriations. 

A reservoir company is net entitled to seepage from its 
drainage ditch reservoir, as part of its original diversion and 
appropriation, where it vrill ultimately return %$ the river from 
which it was taken; but it is to be treated as part thereof, so that 
it can be appropriated only subject to existing priority rights. 

Ft. Morgan Reservoir & Irrigation Co., et al v. 

McCune, State Engineer et al. 

(206 Pac. Rep. 593). 

Appropriation of T7atcr — Adverse t-ser. 

To interrupt the running of the Statute of Limitations 
as to flowing water, there must be a resumption of the possession 
thereof, under a claim of right brought home to the adverse 
claimant either by express notice to that effect, or by conduct so 
notorious and unequivocal as to imply such notice. (Supreme Court 
of California). 

Armstrong et al vs. Payne et al. , 206 Pac. Rep. 638. 

Survey of Public Lands — Conclusive upon the Courts. 

If the Government survey of a township erroneously locates 
grants thereon, the power to correct the survey belongs exclusively 
to the political department of the . Government^and its decisions i 
cannot be reviewed by the courts in suits brought between 
individuals. (Supreme Court, Louisiana}. 

Brott et al, vs. New Orleans Land Company. 

91 Southern Rep. 653. 



School Land- -Indemnity — Amendment — Selection — Forest Lands — ./ithdrawal. 

Defects in an indemnity school' selection may be cured by an 
amendatory selection prior to the intervening of adverse rights, and 
where the defects are cured before the lands are included within a 
forest withdrawal, the selection is to be treated as within the 
purview of a proviso which excepts from the operation of the withdrawal 
"any lawful entry, filing, selection or settlement" made and maintained 
in compliance with, law, notwithstanding that the filings had been 
suspended because of a controversy with the State concerning the 
validity of its indemnity base. 



-13- 



School Land-- Indemnity— Selection— Reclamation— T7ithdrawal . 

A first form withdrawal under the reclamation act does 
not defeat the_. equitable title of the selector acquired under an 
indemnity school selection if the selection was legal and completed 
prior to the withdrawal. 

Court Decisions Cited and Applied. 

Cases of Payne, Secretary of the Interior, v. Central 
Pacific Railway Company (255 U.S., 228), Payne, Secretary of the 
Interior v. State of New Mexico (255 U.S., 367) State of V/yoming 
v. United States (255 U.S., 489), cited and applied. 

State of California and Overland Trust and Realty 

Co. '.decided September 13, 1921, by First Assistant 

Secretary Finney. 

Mortgage — Homestead — Final Proof — Patent — Alienation — Section 2296 , 
Revised Statute sT 

A mortgage given upon a homestead entry prior to the 
submission of final proof for the purpose of securing money for 
improvements or for any other purpose not inconsistent with good 
faith, does not constitute an alienation of the land, or violate 
the purpose and intent of section 2296, Revised Statutes, which 
specifically declares that lands embraced within a homestead entry 
shall not be taken in satisfaction of any debt incurred prior to 
patent. 

Mortgage — Homestead — Contest — Notice — Rules 2 and 98, Rules of 
Practice, 

A mortgagee who has filed notice of his mortgage interest 
in an unporfected homestead entry is entitled to protection and by 
Rules 2 and 98, Rules of Practice, must be made a party defendant in 
any contest or other proceeding adversely affecting such entry. 

Court and Departmental Decisions Cited, Distinguished and applied . 

■ Case of Ruddy v. Rossi (248 U.S-, 104), cited and 
distinguished; cases of" Guaranty Savings Bank v.Bladow (176 
U.S., 448), Thayer v. Spratt (189 U.S., 346), Hafeman v. Cross 
(199 U.S., 342), David R. Mcintosh (8 L.D., 641), Henry 
Gimbel et al. (38 L.D., 198), cited and applied. 
' (Editor's Note: — For a more detailed discussion of the subject 
relating to the protection' of transferees and mortgagees under the 
homestead law, see 48 L.D.,-- ). 

Lockwood v. Lounsbury et al: decided January 17, 1922, 

by First Assistant Secretary Finney. 



-14- 



Contest — Affidavit — Amendment, 

Vthore two contest applications aro defective, a junior 
applicant is not entitled to a preference to amend his 
application over a senior applicant, solely on the ground that 
the former's application was less defective than that of the 
latter 's. 

Lockwood v. Lounsbury et al (on Rehearing), decided 
April 22, 1922, by First Assistant Secretary Finney. 

Railroad Grant — Indemnity — Mineral Lands—Oil and Gas ^ Lands- 
Surface Rights. 

In expressly excluding mineral lands from the grant to 
the Northern Pacific Railroad Company by the proviso to section 
3 of the act of July 2, 1864, Congress contemplated that 
mineral lands, in the absence of special provisions to the 
contrary, should be considered as entireties or as a single 
estate; and the act of July 17, 1914, did rot expressly or 
by implication modify or enlarge the provisions of the grant 
so as to permit of the selection of the surface of oil lands as 
indemnity. 

Northern Pacific Ry. Co.; decided January 31, 1922, 

by First assistant Secretary Finney; Rehearing 

denied February 27, 1922. 

Allotnent--Coal Lands — . 71 thdrawal— Reservat ion— Sur face lights— 
^ct of February 8, 1887. 

Only agricultural and grazing lands arc subject to 
allotment under section 4 of the act of February 8, 1807, and 
where the lands embraced within an allotment application under 
that act are chiefly valuable for their coal contents, the 
allottee must file an election as prescribed by the act of 
March 3, 1909, and take with, a reservation of the coal to the 
United States, as required by the act of Juno 22, 1910, 

Al 1 otme nt — Ind ia n Lands— Public Land s- -,.ct of March 3, 1909. 

The act of March 3, 1909, which makes provision for 
allotments in severalty is confined to such allotments on Indian 
tribal or reservation lands, and has no application to allotments 
on public lands made pursuant to section 4 of the act of February 
8, 1887. 



-15- 



Allotment— Citizenship— Acts of February 8, 18C7, and May 
1906— Statutes. 



Children of an allottee, born after the parent had made 
an allotment under section 4 of the act of February 8, 1887, 
having received the status of United States citizenship by 
section 6 of that act, xrcre not entitled to allotments there- 
under, and the act of May 8, 1906, which amended section 6 of 
the former act by postponing the citizenship status until the 
expiration of the trust period, has no retroactive effect upon 
the children of allottees whose allotments were made prior to 
the enactment of the amendment, 

.allotment — Vested Right — Public Lands, 

Section 4 of the act of February 8, 1887, does not 
confer upon an Indian a vested right to an allotment of public 
lands thereunder, and such right can not be acquired prior to 
the fulf i llmentof all of the conditions set forth in the act. 

Court and Departmental Decisions Cited and Applied* 

Cases of United States v. Celestine (215 U.S. 278), 
United States v. Pelican (232 U.S., 442), Bililkik Izhi v. Phelps 
(46 L.D., 283), Oliver C. Keller (44 L.D., 522), cited and 
applied. 

Martha Head et al, : decided January 31, 1922, by 

First Assistant Secretary Finney. 

Mining Claim — Discovery. 

A discovery of a vein or lode of rock in place bearing 
valuable mineral is neoessary to sustain a lode location, but 
an actual disclosure of commercial ore is not essential to 
effect an adequate discovery. 

Mining Claim — Records — Evidence — Discovery. 

A recital of discovery in a recorded notice of location 
of a lode claim does not constitute evidence of discovery. 

Mining Claim — Evidence — Discovery. 

The principle, with respect to a rule of property set forth 
in the Rough Rider case (42 L.D-,584), will not be applied where the 
claimant's title was acquired and application for patent was filed 
subsequently to the issuance of the departmental regulations of 
May 21, 1909, which require that the evidence must specifically show 
that the claim contains a valuable mineral doposit. 



-16- 



Mining C 1 a im- -Expe nd itur e s — Tunne 1 , 



The sufficiency and availability of patent expenditures 
is satisfactorily established when the evidence shows that the 
claimant has been working adjoining mining ground owned by him 
by means of an extensive system connected with a main tunnel; 
that a number of the workings directed toward the claim are within 
a reasonable distance; and that the logical and practical way to 
develop the claim at depth is by the extension of those. workings. 

Mining Claim—Discovery — Noncontiguity. 

The fact that the elimination from a mineral entry of 
claims upon which satisfactory discovery had not been shown 
will render the uncanceled claims incontiguous, is not alone 
sufficient to causo the cancellation of such incontiguous claims, 
where the claims as originally located and held formed a 
contiguous body of land, and will occupy that status after the 
elimination of the claims upon which discovery had not been made* 

Mining Cla in — Discovery --Contiguity » 

The Land Department will not enforce the. cancellation 
of claims embraced within a mineral entry upon which discovery 
was not made until after the filing of the application to make 
entry, where discovery has been made upon certain othcrclaims, and 
the group, including those upon which discovery was afterwards 
made, is held in common ownership and forms a contiguous body 
upon the ground. 

United States v. Bunker Hill and Sullivan Hining 
and Concentrating Co.: decided March 24, 1922, by 
First Assistant Secretary Finney. 

Desert Land— Cultivation. 



The mere planting of a crop does not fulfill the 
requirement of the desert-land lav/, and while it is not always 
necessary to show that the crop was remunerative, yet it is 
incumbent upon the entryman to show that some sort of a crop 
\7as raised by irrigation or that a bona fide effort -was made 
with that end in view. 



-17- 

De'sert Land'— Culti va tion— Final Proof— Commissioner of the 
General Land Off ice— Act of March 3, 1891* 

Good faith is a cpntrolling elemont in determining the 
question of compliance with the requirement of the desert-land 
law as to cultivation, and in administering the law, the 
Commissioner of the General Land Office is not only authorized, 
but it is his imperative duty under section 7 of the act of 
March 3, 1891, to require such additional proofs to be made 
within the period prescribed by law as may be necessary to 
show the character and extent of the cultivation. 

Departmental Decision Cited and Distinguished. 

Case of Nancy M* Hough (47 L.D.,621), cited and 
distinguished* 

Charles Edmen Bemis: decided March 25, 1922, by 
First Assistant Secretary Finney, 



Survey — Mining Claim* ■ 

The relation between a mineral survey and a conflicting 
public land survey is sufficiently shown by the tie of the 
mining claim to one of the corners of the public land survey 
and by the courses and distances given in the respective 
surveys. 

Departmental Regulations Revoked* 

Section 15 of the Manual of Instructions for Survey 
of the Mineral Lands of the United States, approved October 6, 
1908, revoked. 

Frank Anderson: decided March 27,. 1921, by First 

Assistant Secretary Finney* 

Settlers—Homestead — uidov — Heirs, Devisee — Section 2291, 
Revised Statutes, --Statutes. 

A life convict who is declared civilly dead by State 
statute, is not dead within the purview of section 2291, 

Revised Statutes, which gives the right of entry to a settler's 
widow, or if she be dead, to his heirs, "if he be dead." 

Homestead — Settlers- -Entry. 

Conviction of crime and sentence to life imprisonment 
therefor do not take away the statutory qualifications of a 
settler on public land to make a homestead entry* 



-X8- 

Court Decisions Cited and Applied . 

Cases of Davis v. Lanning (19 S.Y;'., 846), Avery v. 
Everett (6 Am. St. Repts., 368), Smith v. Becker et al. 
(64 Pac., 70), cited and applied. 

Hocl v. Rose; decided April 5, 1922, by First 

Assistant Secretary Finney t ' 

Oil and Gas Lands — Prospecting Permit — Homestead — Preference 
Paght — Adverse Claim, 

The right of a third party to file an application for 
an oil and gas prospecting permit for a tract covered by the 
unrestricted homestead entry of another is expressly recognized 
by section 12 (c) of the departmental regulations of March 11, 
1920, but the granting of a permit is dependent upon a future 
amendment of the entry reserving the mineral contents to the 
United States, and the exercise by the entryman of a preference 
right, if any, to a pormit pursuant to section 20 of the 
leasing act. 

Oil and Gas Lands — Prospecting Permit—Homestead — Relinquishment 
^-Adverse Claim. 

Immediately upon the cancellation, by voluntary 
relinquishment or otherwise, of an unrestricted homestead entry 
during the pendency of an oil and gas permit application 
adversely to the entryman, the rights of the permit applicant, 
all else being regular, attach and become superior to those 
of a junior homestead applicant. 

Homestead--Qil and Gas Lands --Prospecting Pcrmit--Surface Rights- 
Secretary of the Interior. 

The discretionary authority of the Secretary of the 
Interior to allow surface homestead entries upon lands covered 
by an oil and gas prospecting permit is expressly recognized 
in section 29 of the act of February 25, 1920, such allowance 
being subject, however, to the rights of the permittee to use so 
much of the surface of the land as is necessary in extracting 
and removing the mineral deposits without compensation to the 
non-mineral entryman. 

Otrin v. Hawkins: decided April 5, 1922, by First 

Assistant Secretary Finney. 

Oil and Gas Lands — Mining Claim — Occupancy — Adverse Claim. 

Mere possession and occupancy of a mining claim, 
unaccompanied by diligent prosecution of work leading to the 
discovery of mineral ore, are in the absence of discovery, 
insufficient grounds for a lawful exclusion from the land of 
others - who seek to make mineral discovery and development 
thereon* 



-19- 

Oil and Gas Lands— Prospecting Permit— 1 lining C laim— adverse Claim. 

As between two conflicting claimants for an oil and gas 
prospecting permit under section 19 of the act of February 25, 1920, 
both relying upon asserted placer locations for the same land on 
■which the character of the work performed by each was substantially 
the same, a superior right to a permit will be accorded to the 
junior claimant upon a shoving of exercise of due diligence, where 
the senior claimant, having failed to exercise due diligence in the 
prosecution of work looking to a discovery of oil or gas, forcibly 
prevented the junior claimant from proceeding actively with the 
performance of discovery and development work with a view to 
perfecting the location. 

Court Decisions Cited and Applied* 

Cases of Uniting et al v. Straup et al. (95 Pac.,849), 
Union Oil Company of California v. Smith (249 U.S., 337), 
Cole et al v. Bajtph (252 U.S. 286), cited and applied. 

Isaac P. Clark et al. and the Ohio Oil Co.: 

decided April 19, 1922, by First Assistant 

Secretary Finney, 

Contest — Homestead — Officers — Land Department. 



a contest 

during the temporary absence of the other, in a case in which it 
noTfhere appears that such action was not acquiesced in by such 
other officer upon his return, is to be construed to have been 
the joint action of both officers. 



Court and Departmc nt al Decision s Cited and Applied , 



Cases of Potter v. United States (107 U.S., 126), and 
Broadbrooks v. Kyle (28 L.D.,), cited and applied. 
Fiscus v. Miner: decided April 29, 1922, 
by First Assistant Secretary Finney, 



-20- 

APPROVED OPINIONS OF MR. E. C. BOOTH, SOLICITOR FOR THE INTERIOR 

DEPARTMENT . 

Indian Lands— Allotment— Patent— Secretary of the Interior— 
Jur is diction* 



The jurisdiction of the Secretary of the Interior over 
trust allotments ceases automatically on expiration of the 
trust period and thereafter he is without authority to exefcise 
any control thereover other than to issue a patent in fee to 
the allottee, or to his heirs, as the case may bo, 

Indian Lands — Allotment — Allottee — Patent — Heirs, 



Fee patents predicated upon trust allotments of 
deceased Indian allottees should be issued to the heirs generally 
without naming them or attempting to set up their respective 
interests, regardless of whether or not the heirs have been 
determined by the Department or by the courts, 

Indian -Lands — Allotment — Jurisdiction, 



Under provisions contained in the acts of February 8, 
1887, and June 21, 1906, authorizing the President, in his 
discretion, to extend the period of the trust on Indian 
allotments, such authority, if exercised at all, must be invoked 
prior to the expiration of the trust period, 

Indian Lands — allotment- -Alienation — Patent — Jurisdiction — 



Courts, 



Questions relating to the validity of conveyance made 
by an Indian trust allottee or his heirs during the interval 
between the expiration of the trust period and the issuance of 
a fee patent are cognizable primarily by the courts. 

Submitted April 27, 1922. 
Approved : 

E. C. FINNEY, 
First Assistant 
Secretary* 

Oi 7 & Gas Lands— Oil Shale Lease— Section 21, Act of Feb. 2 5, 1920. 

The limitation contained in section 21 of the act of 
February 25, 1920, relating to the leasing of deposits of oil shale 
belonging to the United States, prevents a lessee thereunder from 
taking and holding directly more than one lease, irrespective of 
whether the leased area is in one State or another. 



-21- 

Oil and Gas Lands— Oil Shale Lease-Section 27, Act of 
February 25, 1920. 

The limitations contained in section 27 of the act of 
February 25, 1920'; in respect to any kind of mineral leased under 
that act, are applicable to an oil shale lease, and consequently 
no person or corporation can take and hold, either directly or 
indirectly, any interest or interests in oil shale deposits in 
an area or areas exceeding in the aggregate the equivalent of 
5,120 acres. 



Submitted April 2, 1922. 
Approved: 

E. C. FINNEY, 

First Assistant Secretary* 



RESTORING LANDS WITHIN THE FORI/IER COLVILLE INDIAN RESERVATION TO 

ENTRY. 



DEPARTlffiNT OF THE INTERIOR 
General Land Office 
Washington 



Registers and Receivers, 

Spokane and 7,'aterville, Washington. 

Sirs : 



'lay 26, 1922, 



Lands within the south half of the former Colville *ndian 
Reservation were opened to entry on September 5, 1916 by President i 
Proclamation of May 3, 1916, under authority of the act of March 
22, 1906 (34 Stat., 80), This act among other things provides 
"That the lands remaining undisposed of at 
the expiration of five years from the opening of 
the said lands to entry shall be sold to the 
highest bidder for cash, for not less than one 
dollar per acre under rules and regulations to be 
prescribed by the Secretary of the Interior, and 
that any lands remaining unsold ten years after 
said lands shall have been opened to entry may 
be sold to the highest bidder for cash without 
regard to the above minimum limit of price." 



.22- 



Under this proviso all said land remaining undisposed of 
on September 4, 1921, was automatically withdrawn from homestead 
entry on that date for the purpose of sale. The act of Congress 
approved May 9 1922 (public No. 215), directs 

"That the period provided by law for the 
filing of homestead entries upon lands of the 
south half of the Diminished Colville Indian 
Reservation in the State of Washington, as 
provided hy the act of Congress approved i v iarch 
22, 1906, be, and is hereby extended for a 
period of five years from and after the 4th day 
of September, 1921." 

Under the authority of said act, all the land within 
the couth half of the former Colville Indian Reservation, which was 
withdrawn fr en entry on September 4y 1921, became subject to 
homestead entry in the following mariner: 

(1) P refere nce to ex-service men: Prior to August 8, 1922, 
the lands may be applied for only - under the homestead, laws and 
only by ex-service men of the T.'ar with Germany, who have been 
honorably discharged or separated from the service or placed in 
the regular array or Naval Reserves; all such applications to be 
treated as simultaneously filed. 

(2) . General d isposition. The lands, if any, not 
disposed of during said preference right period, will become 
subject to appropriation under applicable laws including 
settlement under the homestead laws in advance of entry 
by any qualified persons on August 28, 1922, and not before then, 
provided that from .aigust 8, 1922, to August 27, 1922, both 
dates inclusive, any qualified persons may present applications 
for the lands under the homestead laws only, such applications 
to be treated as simultaneously filed and disposed of before 
action is taken on other non-preference applications. 

In the event conflicts appear between the applications 
treated as simultaneously filed as herein provided, drawings 
will be held to determine the order in which the conflicting 
applications will be taken up for consideration. 

You will make the proper notations of these regulations 
on your records, post a copy thereof in your office and give as 
much publicity to the opening as possible, as a matter of news 
without expense to the Government, by forwarding a copy of these 
regulations to the Post-Off ice nearest the land for posting 
therein for the information of the public, and by transmitting 
copies of such order or an item concerning the restoration, to the 
newspapers published nearest the land, being careful not to send 



-23- 



such copies or items without calling the particular attention 
of the publishers to the fact that the matter is sent as news, 
and that the Government will not be responsible for the cost of 
any publication thereof. 

Promptly report your compliance v/ith the instructions 
herein given. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner, 



Approved: May 26, 1922. 
E. C. FINNEY, 

First Assistant Secretary. 



-24- 
Circular No» 828. 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 

May 26, 1922. 
ACCOUNTS: Reports of expenditures, 

U. S. Surveyors General, 

and Special Disbursing Agents* 

Sirs: 

Beginning July 1, 1922, Disbursing Officers vri.ll not be required 
to analyze their expenditures on the reverse of their monthly report of 
expenditures and liabilities (form 4-163), except as to such amounts as are 
paid after that date from annual appropriations for the fiscal year 1922. 
A new classification is required for expenditures beginning July 1, 1922, and 
that classification will be made in this office. This should enable every 
Disbursing Officer to mail his monthly report of expenditures and liabilities 
promptly and they will be expected to mail them not later than the third day 
of the following month, as required by paragraph 318 of Circular 616. 

Very respectfully, 

GEO. R. V/ICKHAM, 
4227 Assistant Commissioner. 



-as- 
Circular No» 829j 

INSTRUCTIONS RELATIVE TO EXTENSIONS OF TIME FOR PAYMENTS FOR CHEYENNE RIVER 
AND STANDING ROCK INDIAN LANDS. 



DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



May 26, 1922. 

Registers and Receivers, 

Timber Lake- and Lemmon, South Dakota, 
and Bismarck, North Dakota* 

Sirs: 

The Act of April 25, 1922 (Fublic 198), provides: 

"That any homestead entryman or purchaser of Government 
lands within the former Cheyenne River and Standing Rock 
Indian Reservations in North Dakota and South Dakota who is 
unable to make payment of purchase money due under his 
entry or contract of purchase as required by existing law 
or regulations, on application duly verified showing that 
he is unable to make payment as required, shall be granted 
an extension to the 1923 anniversary of the date of his entry 
or contract of purchase upon, payment of interest in advance 
at th,e rate of 5 per centum per annum on the amounts due from 
the maturity thereof to the said anniversary; and if at the 
expiration of the extended period the entryman or purchaser 
is still unable to make the payment he may, upon the same 
terms and conditions, in the discretion of the Secretary of 
the Interior, be granted such further extensions of time, not 
exceeding a period of three years, as the facts warrant." 

(1) v. Entries and sales affected. The act applies to homestead entries 

made either in the Cheyenne River and Standing Rock Indian Reservations, 

opened under the Act of May 29, 1908 (35 Stat., 460), or in that part of the 

Standing Rock Indian Reservation opened under the Act of February 14, 1913 

(37 Stat,, 675), and also to sales- made under authority of the snid act of 

May 29, 1908, and Departmental regulations of February 27, 1920* 



-25- 

(2). . 'tinner of obtaining extensions of time for payment* In order 
to obtain an extension under, the said Act of April 25, 1922, entryman must 
file in your office a duly corroborated affidavit setting out that he is 
unable to make the required payments. Bo particular form of application 
will be required, but as a condition precedent to the granting of an extension, 
interest must be paid on the amount for which the extension is sought, at the 
rate of 5 per cent per annum* Upon compliance with the requirements you will 
allow the application and report the allowance to this office for notation 
on our records* 

( 3 ) . Previous requirements in the matter of payments in connection 
with homestead entries made undrr the Act of Way 29, 1908. The said act, 
as amended by the Act of March 26, 1910 (36 Stat*, 266), provides that one- 
fifth of the purchase price of the land shall be paid when entered and the 
balance in five equal annual installments, commencing two years frcm the 
date of entry. The Act of April 13, 1912 (37 Stat., 84), as amended by the 
Act of Hay 28, 1914 (38 Stat., 384), provides for an extension of time for 
the payment of any installment upon the payment of interest in advance at 
the rate of 5 per cent per annum, and that any payment so extended may 
annually thereafter be extended in like manner, provided that all payments are 
completed within a period not exceeding one year after the last payment becomes 
due under the Act under which made. The utmost time allowed for completion 
of payments made under said Act of May 29, 1908, was seven years from the 
date of entry* 



-27. 

(4). Previous requir ements in connection wi t h homestead entries made 
under the Act of February 14, 19 13 (37 Stat., 675) « The said act provides 
that one-fifth of the purchase price shall be paid at the time of entry 
and the balance in five equal annual installments, commencing two years from 
the date of entry. Section 1 of the Act of March 4, 1921 (41 Stat., 1446), 
authorizes an extension of time for the payment of any installment upon the 
payment of interest in advance at the rate of 5 per cent per annum, and that 
any payment so extended may annually thereafter be extended in like manner, 
but that all payments must be completed within a period not exceeding one 
year from the date the last payment becomes due, under the act under which it 
was made. The utmost time allowed for the completion of payments on homestead 
entries made under said Act of February 14, 1913, was seven years from the 
date of entry* 

(5) , Previous requirements in natter of payments in connection with 
sales. The only sales heretofore authorized under the Act of May 29, 1908, 
above cited, were authorized by Departmental regulations of February 27, 1920. 
The regulations provided that purchasers might pay all cash for the lands at . 
the time of purchase, or one-third down and the balance in two equal annual 
installments due one and two years from the date of purchase, interest to be 
paid on the deferred installments at the rate of 5 per cent per anrf£$> 
Section 2 of the Act o-f March 4, 1921 (41 Stat., 1446), provides for an 
extension of time for the payment of any installment upon the payment of 
interest in advance at the rate of 5 par cent per annum, and that any payment 
so extended may annually thereafter be extended in like manner, provided 
that all payments are completed within one year after the last payment 
becomes due under the regulations. The utmost time allowed for completion 
of payments on these sales was three years from the date of purchase 
(48L.D., 80). 



•26- 



(6), The said act of April 25, 1922, modifies the above 
requirements in the following respects: 

(a). On those entries on which the seven year- period for payment 
allowed under the acts cited above expires prior to the 1923 anniversaries 
thereof, an extension of time may be obtained to said anniversary, upon the 
filing of an application duly verified, accompanied by payment of interest 
in advance on the amounts due from the maturity thereof to the 1923 
anniversaries of the dates of the entries, at the rate of 5 per cent per 
annum. If, at the expiration of the extended period entryraan is still 
unable to make the required 'payment, further extensions may be obtained 
from yeartfco year in the same manner, but no extension will be granted 
beyond a period of three years from the 1923 anniversary of the date of 
the entry* 

(b)- Under the regulations of February 27, 1920, and Section 2 
of the Act of March 4, 1921 (41 Stat., 1446), final payment on 'sales made 
under the said regulations must be completed by the 1923 anniversaries of 
the dates of the purchases. Under the present Act of April 25, 1922, 
if on said anniversary the purchaser is still unable to complete the 
payments, he may obtain an extension of time in the same manner provided 
for homestead entrymen, no extension to be allowed beyond a period of three 
years from the date on which final payment becomes due under the said 
regulations and the Acto\i"of March 4, 1921. 



-29- 

You are directed to serve notice on each entryman who is in 
default in the matter of payments, either of principal or interest, that 
if the required suras are not paid or an extension of time obtained as 
herein provided, or as provided in Circulars Nos. 106 and 751, prior to 
0ctoberl r L922, you will report his entry to this office for cancellation. 

In granting extnnoions of time for payments you will be governed 
by instructions contained in circulars 106 and 751 where the time for final 
payments under the acts under which the entries were made and the extension 
acts of. April 13, 1912* and March 4, 1921, have not expired. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner. 



Approved: I.!ay 26, 1922, 
E. C. FINNEY, 

First Assistant Secretary. 



4226 



Circular lYdV 830. 

FS UPON RECLAMATION HOMESTEAD ENTRIES AND DESEiVE LAND ENTRIES 
SUBJECT TO THE PROVISIONS OF THE RECLAMATION ACT BY INCAPACITATED 
SOLDIERS— ACT OF APRIL 7, 1922, (PUBLIC N0*188)% 



Department of the Interior, 
General Land Office, 
Washington, • D.C. 

May 29, 1922, 

Registers and Receivers,, United States Lard Offices* 



Sirs: 

Your attention is called to the amendatory act of April 7, 1922 
(Public No» 188), which provides: 

That the Act approved March 1, 1921 (Forty First 
Statutes, page 1202), be amended to read as follows: "That 
any bona fide settler, applicant, or entryman under the 
homestead laws of the United States, or any desert land 
entryman whose entry is subject to the provisions of the 
Act of June 17, 1902 (Thirty- second Statutes, page 388), 
who, after settlement, application, or entry, and prior to 
November 11, 1918, enlisted or was actually engaged in 
the United States Army, Navy or Marine Corps during the 
war with Germany, who has been honorably discharged 
and because of physical incapacities due to the service 
is unable to return to the land, may make final proof, 
without further residence, improvement, cultivation, 
or reclamation, at such time and place as may be 
c.uthorizedby the Secretary of the Interior, and receive 
patent to the land by him so entered or settled upon, 
subject to the provisions of the Act or Acts under which 
such settlement or entry was mr.de; Provided^ That no such 
patent shall issue prior to the conformation of the entry 
to a single farm unit, as required by the Act of 
August 13, 1914 (Thirty-eighth Statutes, page 686): 
And provided futther, That this Act shall not be construed 
to exempt or relieve such applicant or entryman from 
payment of any lawful fees, commissions, purchase moneys, 
water charges, or other sums due to the United States, 
or its successors in control of the reclamation project, 
in connection with such lands," 



►31. 

2. This amendatory net relates to lands ir. federal reclamation 
projects lawfully subject to homestead entry or for which homesttead or 
desert land entry has been allowed, and the benefits of this act extend 
to persons who prior to November 11, 1918, and during the war with 
Germany were actually engaged in the United States Army, Navy, or Marine 
Corps, regardless of the dates of their enlistments, provided they 
entered the service after making settlement upon the land claimed or 
after filing an allowable application for homestead entry thereof, or 
after making a homestead or desert land entry for surveyed lands, 

and who having been honorably discharged are unable to accomplish 
reclamation of the land on account of physical disabilities due to 
such service, provided, however, that in the case of a homestead 
entry the entry be conformed to a single farm unit* 

3. Notice of intention to submit proof must be given in the 
usual manner by posting and publication. The proof shall consist (a) 
of affidavit of claimant (taken before any officer at any place 

who is authorized to administer oaths and who uses an official seal), 
showing that he is unable to return to the land on account of physical 
incapacity due to service in the United States Army., Navy, or Marine 
Corps during the war with Germany^ and describing the nature and 
extent of such disability; ( b) of the testimony of two witnesses 
taken in similar manner corroborating the statements in that regard, 
and of these witnesses at least one must be a practicing physician; 
(c) of a certified copy of claimant's discharge from the Army, 
Navy, or Marine Corps, or an affidavit showing all the facts 
regarding his service and discharge, in which latter case the facts 
will be verified so far as possible from the records of the War 
Department, and (d) claimant's sworn statement, corroborated by two 
persons having personal knowledge of the facts, and whose testimony 
must be taken in the county or land district in which the land is 
situated, setting forth in detail the date when he settled on the 
land (if a homestead entry) and what acts he performed thereon 
touching the matter of residence, improvement and reclamation up 
to the time of his entering the military establishment* 

4 Where no application for homestead entry had been fH ed 
prior to' claimant's entrance into the service, and the benefits of the 
act are claimed on account of settlement before the beginning of 
his service, the proof must also include the affidavit of the soldier 
showing that he had resided upon the land in a habitable house before 
his entrance into the service, and the testimony of two witnesses 
showing the facts as to claimant's compliance with the law before 
entrance into the service, the testimony of these witnesses to be 
taken in the usual manner in the county or land district in which 
the land is situated* 



-32- 

5. Where entry for the land has been allowed and the final proof 
appears satisfactory, and also shows pc.yment of all reclamation moneys 
which are due to the time of submission of such final proof, you will, ' 
in the absence of other objection, issue final certificate, subject 
to the provisions of the Act of June 17, 1902 (32 Stat*, 388), and also 
subject to lien under the Act of- August 9, 1912 (37 Stat., 265), for 
the payment of all sums due or to become due to the United States or 
its successors in control of the irrigation project in connection with 
such lands and water right. In cases of claims based upon settlement 
only and where no application has been filed prior to claimant's 
entering the military service, or where application has been filed 
but entry not yet allowed, or protest is filed, you will forward all 
the papers to the General Land Office for consideration. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner* 



Aj proved : May 29, 1922. 
E. C. FINNEY, 

First Assistant Secretary* 



-33- 

Circular No. 831 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



May 31, 1922, 

Coal royalty receipts under mineral 
leasing act. 



Registers and Receivers, 

U. S. Land Offices. 

Sirs: 

A number of receivers of public moneys are depositing and reporting 
coal royalty receipts under the mineral leasing act of February 25, 1920, 
to be on account of "past production." The terms "past production" and 
"future production" apply only to oil royalties where leases are granted 
under the relief provisions of the act and should not therefore be used 
in connection with other royalties, rentals or bonuses. 

Very respectfully, 

UILLIAM SPRY> 

Commissioner t 



4241 



-34- 

Circular Wo. 832, 

DEPARTMENT OF THE INTERIOR 

General Land Office 

Washington 



June 8, 1922, 



ACCOUNTS : Sub-voucher s , 



Supervisor of Surveys, 

Assistant Supervisors, Surveyors General, 
Chiefs of Field l>* visions, 

Special Disbursing Agents, 



Sirs: 

Paragraph 267 (a) of Circular 616 is hereby amended to read 

as follows: 

267, Sub-vouchers - when not required, - (a) 
Sub-vouchers are not required for railroad 
or steamboat fares, fares on regular stage 
lines, sleeping or parlor car fares, taxi- 
cab fares (see paragraphs 233 and 234), nor 
for separate meals specifically named which 
were not taken in connection with lodging. 

Very respectfully, 

WILLIAM SPRY, 
' Commissioner* 



APPROVED: June 8, 1922, 
E. C. FINNEY, 

First Assistant Secretary, 



4255, 



-35- 

Circulttr ;o (! 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



June 19, 1922. 



: ACCOUNTS AND RETURNS 
: Annual report, etc. 



Registers and Receivers, 

United States Land Offices. 



Sirs 



You are directed to forward your returns and accounts to this 
office promptly at the close of business on June 30, 1922, in order that 
the statistical records may be tabulated and compiled prior to August 1, 
1922, the date upon "which I wish to have the office report in my 
possession, while under the law you are allowed twenty days in which to 
prepare and mail such reports you will be expected to transmit your 
June returns and accounts not later than July 10. All work not 
absolutely necessary will be subordinated to the preparation of these 
reports and any officer failing to mail same within the time specified 
will be required to explain his inability to do so. 

Special disbursing agents are directed to promptly deposit, 
on receipt hereof, to the credit of the Treasurer of the United States, 
all moneys which are not necessary to meet all expenses authorized to 
June 30, 1922, under the appropriation for "Contingent Expenses of Land 
Offices, 1922," in order that, if necessary, said excess funds may be 
utilized before the expiration of the fiscal year. All balances due 
the United States under all appropriations, less all authorized outstanding 
liabilities under each appropriation, should be deposited to the credit 
of the Treasurer of the United States and the proper appropriation 
on or before June 30, 1922. 

Advances for the fiscal year 1922 are not availr.ble for payment 
of expenses authorized fo? the fiscal year 1923, Only such expenses as 
were authorized within the fiscal year 1922 may be paid by special 
disbursing agents from the balances of the 1922 appropriation in the it- 
possession up to and including September 30, 1922, upon which date they 
must deposit all unused balances for the fiscal year 1922, befrrr closing 
the account for the first quarter of the fiscal year 1923. 



(OVER) 



-36- 

All instructions contained herein which may be properly complied with 
by you between the date of the receipt of this circular and June 30, 1922, 
should be accomplished immediately, so that the work necessary thereto may 
not interfere with the prompt rendition of returns and accounts on June 
30, 1922. 

Registers and Receivers must not approve any application for annual 
leave for the clerks in their offices until such a time as the requirements 
of this Circular shall have been complied with by them and all the reports 
called for herein have been forwarded to this office, unless the denial of 
buch leave will work an extraordinary hardship upon the clerk making the 
request. 

Please acknowledge those instructions promptly on the inclosed 
post card. 



Very respectfully, 

WILLIAM SPRY, 

Commissioner. 



(4300) 



-37- 

DEPARTMENT OF THE INTERIOR 

General Land Office 

Washington 



June 20, 1922. 
Registers arid Receivers, 

U. S. Land Offices, 

Sirs: 

Appended hereto is a list of the most common errors made by persons 

preparing entry papers, and which escape notice in the local offices. The 

elimination of these easily detected errors will of necessity eliminate 

all correspondence relative thereto, and unnecessary annoyance to entrymen, 

and result in corresponding efficiency of our bureau. 

Sex not shewn.. 

Description ambiguous. 

Description illegible. 

Description does not conform to survey. 

Entry not contiguous. 

Entry net compact. 

Files oh land incontiguous to original without showing reason 

for failure to file on vacant land contiguous to. original. 

Land in entry not designated* 

Conflicts. 

Surrounds and isolates legal subdivision* 

Desert entrywoman- fails to show citizenship. of husband. Also 

true in homestead cases* 

Former entry not designated. 

Mineral land-no waiver filed. 

Fails to comply with circular 703. 

Non-mineral land-unnecessary waiver filed. 

Joint entry-land in both district embraced in same application. 

Land not subject to entry-withdrawn, reclamation project, etc, 

Secopd entry improperly allowed. 

Fails to file proper second homestcod affidavit, 

Area too great-rule of approximation not applied. 

Excess purchase money not paid. 

Citizenship-shows only "citizen" fails to show native born. 

Fails to file evidence of naturalization or declaration. 

Evidence of citizenship on improper form. 

Claims citizenship by reason of lather's naturalization but 

fails to show he was a minor residing in United States at 

date of father's naturalization and to furnish evidence of 

his father's naturalization, 

tlge not shown* 



(OVER - ) 



-38- 

Head of family-fails to state facts. 

Entry by female-fails to show marital status. 

Deserted wife-facts not shown* 

Widow-fails to show age or Qualifications. 

FLTs1o W Z"; faCt + S , WhlCh CCnStltuteher head of family not shown. 
tails to comply with Circular No* 738* 

a^Hcat i:" rs U ?nId Wh " h d T^Y' *•**«*»« "omastead act 

of\nd ^U a JVl^^ h Ztl r Jr S> ^ Sh ° W 0m " Ship 

Former entry not identified. 

Fails to sign application. 

Officer not qualified. 

Jurats not signed by officer* 

Corroborating affidavits not signed. 

It will be noticed in all the papers provided for use that under blank 
line full instructxons are given, in „aU type, for the proper filling of 
such blank spaces, which, if f olWd , ^ .^^ ^^ ^ ^ 

in filling such spaces, since failure to heed the. is responsible for m ost 
of the errors. If you ^ caU ^ ^^ of ^ ^^ ^ 

papers in your district to these c« ra on errors and the s ira? le m eans of 
avoiding the, there is nttle doubt that they .ill be wUling to 'co-operate 
for the good of the service. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner. 
4309 



-39- 

Circular No. 263, 

NATIONAL FOREST HOMESTEAD ENTRIES. 



This circular is a revision of the regulations of 
August 19, 1913 (42 L.D., 331), and includes and carries 
with it as an appendix the act of June 11, 1905, and acts 
amendatory thereof. The circular can be had on application 
to the Commissioner of the General Land Office. 



Stock Driveways. 

During the month of June another driveway has been 
established in each of the States of Idaho and Oregon, and 
certain driveway withdrawals in Idaho, Nevada, .New Mexico, 
Oregon, Utah and jyoming have been modified by additions 
thereto or eliminations therefrom* The area withdrawn for 
driveway purposes during the period has been 24,011 acres, 
and that released, 5,039 acres. 



-40- 

DEPARTMENT OF THE INTERIOR 

General Land Office 

Washington 



PUBLIC LANDS RESTORED TO HOMESTEAD ENTRY AND OTHER 
DISPOSITION BY PROCLAMATION, EXECUTIVE OR DETRIMENTAL 
ORDER. 



Preference Rights to Ex-Service Men of the 7, r ar with Germany. 

General Method of Opening: 

By virtue of Public Resolution No. 29 of February 14, 1920 (41 Stat., 
434), as amended by Public Resolution No. 36, approved January 21, 1922, hereafter 
and until February 15, 1930, when any surveyed lands within the provisions of 
the public resolution are opened or restored to disposition under the authority 
of the Department, such lands, unless otherwise provided in the order of 
restoration, shall become subject to appropriation under the laws applicable 
thereto, in the following manner, and not otherwise. 

Lands not affected by the preference rights conferred by the acts of 
August 18, 1894 (28 Stat., 394), or June 11, 1906 (34 Stat., 233), or February 
14, 1920 (41 Stat., 407), will be subject to entry by soldiers under the 
homestead and desert-land laws, where both of said laws are applicable, or under 
the homestead law only, as the case may bey. for a period of 91 days, beginning 
with the date of the filing of the township plat in the case of surveys or 
resurveys, and with the date Specified in the order of restoration in all other 
cases, and thereafter to disposition under all of the public land laws, applicable 
thereto, except vfhore homestead entrymen are granted a prior preference period 
under the order. For a period of twenty days and for a like period prior to the 
date or dates such lands become subject to entry by the general public, soldiers 
in the first instance, and any qualified applicants in the second, may execute and 
file their applications, and all such applications presented within such twenty- 
day periods, together with those offered at nine o'clock a.m., standard time, on 
the dates such lands become subject to appropriation under such applications, shall 
be treated as filed simultaneously. 

Unsurveyed lands are not subject to homestead or desert-land entry. A 
homestead entry may embrace 160 acres, or an approximation thereof, and where, the 
lands are of the char actor contemplated by the 320 or 640 acre homestead acts, 
applications for the unappropriated lands may be filed by qualified persons, 
under cither of said acts; accompanied by proper petitions, if undesignated, for 
the designation of lands thereunder, and such applications will be suspended 
pending determination as to the character of such lands. 

The following are restorations or openings which will occur in the 
near future and concerning which further information may be obtained from the 
local offices: 



-41- 

(262) 

CALIFORNIA: 

Lands Open to Entry After Approval of Lieu Lands 
to the State. 



Sec. 36, T. 30 S., R. 33 E., Sec. 36, T. 30 S., R. 34 E., 
Sl£ NE&, Ej SEi, Sec. 16, T. 25 S., R. 38 E-, M.D.K., (all surveyed), 
Independence land district, open to homestead and desert land entry, 
beginning July 6, 1922, for a period of 91 days to ex-service men 
of the T.'orld Uar, subject, however, to valid prior settlement rights 
or equitable claims recognized by existing laws. Filings may be 
presented during the twenty days preceding that date, or from June 16, 
to July 5, 1922, inclusive. Any land remaining unentered alter the 
expiration of the 91 day period, that is, beginning October 5, 1922, will 
be open to appropriation under any applicable public land law. 

By the certification on May 20, 1922, to the State oc clear 
list No. 106, approved Hay 12, 1922, of indemnity school lands 
selected in lieu of above described school section lands which were 
within national forests at time of selection of indemnity lands but 
were eliminated from the national forest boundaries after timely 
completion of the selections, all claim of the State to such school 
section lands terminated. 



(263) 

COLORADO: 

FROM RECLAMATION WITHDRAWAL, 

About 1,800 acres in Teller County, Pueblo and Lco.dville 
land districts, will be opened to homestead and desert land entry, 
beginning July 21, 1922, to ex-service men of the ".Torld '.Tar, subject, 
however, to valid prior settlement and preference rights; filings 
may be presented during the twenty (20) days preceding that date, 
or from July 1 to July 20, 1922, inclusive. Any lands remaining 
unentered will be subject to homestead entry only by the general 
public, for the twenty-one (21) day period from October 20 to November 
9, 1922, inclusive; filings may be presented during the twenty (20)' 
days preceding that date, that is, from September 30, to October 19, 
1922, inclusive. If any land remained unentered on IJovombcr 10, 
1922, it will then become subject to appropriation under any applicable 
public land lew by the general public. -The lands are near the town 
of Cripple Creek, and available information indicates that that are 
hilly in character, but desirable. 



(264) 

UTAH: 



-42- 



FROM STOCK DRIVEWAY WITHDRAWAL. 



199 acres in San Juan county, Salt Lake City land 
district, opened to entry under the homestead and desert-land laws 
by ex-service men of the war with Germany for a period of ninety- 
one days beginning July 11, 1922. filings may be presented at any 
time during the 20 days prior to that date. On and after October 10, 
iy^, any of such lands remaining unentered will be opened to 
appropriation under any public land law applicable thereto by the 

and e the Irtllt' *** ^JV™ rel ^ scd *°» -took driveway withdrawal 

" d ^ P ref eronce granted ex-service men by this restoration is 
subject to prior valid rights and equitable claims. 



(265) 

OREGON: 



FROM STOCK DRIVEWAY WITHDRAWAL. 



1nri , ,, .V? 4 acres in Gl ^nt and .heeler counties. The Dalles 
laws v/ 1 ' ° Pened t0 Gntry UUder the homestead and desert^land 
lZ + * ¥ n T™T mCn ° f th ° ™ r with ^many for a period of 
ninety-one days beginning July 11, 1922. Filings may^e presented 

TfteTocZoTloV^l **"* **" *** *> that datl On "d 
and eqS^b" claims. 18 ^^^ is ■**<* to prior valid'rights 



(266) 

NEW MEXICO. 

LANDS OPEN TO ENTRY AFTER APPROVAL OF LIEU L,JSDS TO THE 
STATE, 

The following lands (all surveyed), Santa Fc land district, open to 

homestead and desert land entry, beginning July 20, 1922, for a period of 91 

days, to ex-service men of the 'World War, subject, however, to valid prior 

settlement rights or equitable claims recognized by existing laws: 

Now Mexico Principal Meridian. 

T. R. 



ION. 


14 


Vv"» 


UN, 


14 


■ » 


13N. 


17 


,„ 


UN. 


19 


W. 


12 N. 


19 


W- 


12N. 


19 


W. 


13N. 


19 


vm 


13N. 


19 


' •', 



Sec. 


Subdivisions. 


2 


All 


2 


NEx,Nibsv;f,snJ swj 


16 


All 


2 


All 


2 


SEi 


16 


All 


32 


NJbSE|,NEi sw£ 


36 


All 



Filings may be presented during the 20 days preceding July 20, 1922, 
or from June 30, # to July 19, 1922, inclusive, any land remaining unentered 
after the expiration of the 91-day period, that is, beginning October 19, 1922, 
will be open to. appropriation under any applicable public land law. 

By the certification, on June 19, 1922, to the State, qtf clear list No, 
147, approved June 7,. 1922, of indemnity school lands selected in lieu of 
above -described school section lands which were within national forests at 
time of selection of indemnity lands, but were eliminated from the national 
forest boundaries after timejby completion of the selections, all clnim of 
the State to such school section lands terminated. 



(4299) • 



-44- 



(267) 
OBEGON: 

160 acres in Uasco county, The Dalles land district, opened 
to entry under the homestead and desert-land laws by ex-service men 
of the war with Germany for a period of ninety-one days beginning 
July 14, 1922. Filings may be presented at any time during the twenty 
days prior to that date. On and after October 13, 1922, any of such 
lands remaining unentered will be opened to appropriation under any 
public land law applicable thereto by the general public. The lands 
are released from stock driveway withdrawal and have been designated 
under the Enlarged Homestead Law. The preference granted ex-service 
men by this restoration is subject to prior valid rights and 
equitable claims. 
June 20, 1922. 

(268) 

V.TOMING: 

RESTORATION FROM CAREY ACT SEGREGATION. 

8,427.07 acres in Fremont County, Lander land d i strict. 

_ To become subject to entry as follows: Those Lands formerly 

included in the Shoshone or T;ind River Indian Reservation, or in 
Ts. 1 and 2 1., R. 5 E., and Ts., 2 and 3 N. , R. 6 E. , to be 
subject to homestead entry in accordance with tho provisions of 
the Act of March 3, 1905 (33 Stat,, 1016), (which provides for 
Payments in installments of 01.25 per acre), by ex-service men of 

Th^ :Z f ^ n f ly Z6 > 19ZZ > t0 Octobcr 24 > 192Z > delusive. 
w* *^\ ! involvcd ^ vil1 be likewise subject to entry under 
both the homestead and desert land laws, but without the 
restrictions imposed by the Act of March 3, 1905. (50^ per acre 
must accompany homestead applications for Shoshone lands). 

The soldier preference applicants may file their 
applications to enter at any time during the twenty days period 
preceding July 26 1922, but all applications so filed! of fid 
within the sixty-day period beginning July 26, 1922, will be 
subject to the preference right of adjoining entrymen or patentees 
under the Act of December 29, 1916 (39 Stat., 862). P^entecs 

All applications by ex-service men filed during the 

flle! y "f 9 ~ P r° d T r e 2 0d £f 9 M * 26 * 1922 ' t0 ^ th - v,ith E those 
filed .t 9 am., July 26, 1922, will be treated as filed 

simultaneously and conflicting applications by ex-service men 
will be disposed of by lot. 



-45- 



F From October 25, 1922, to November 14, 1922, both dates 
inclusive, any of said lands remaining unentered will bo subject 
to homestead entry by any n t subject to the Act 

of March 3, 1905, v. r hore applied ■■■■, provi : the applications 
therefor may be filed at cry time during the twenty day period prior 
to October 25, 1922, all such applications a together with those 
filed at 9 a.m.. , October 25, 1922, to be considered as 
simultaneously filed, and conflicting applications so filed to be 
disposed of by lot* 

Any lands not taken under the above provisions on and 
after November 15, 1922, Trill be subject to entry by the general 
public under the applicable land laws* 



(269) 

IDAHO; 



RESTORATION FROM CAREY aCT SEGREGATION. 



440- acres in Lemhi County, RA.iley land district. 

To become subject to entry as follows: From July 19, 1922, 
to October 17.j 1922, inclusive, said land will be subject by ex-service 

men of the Uar with Germany, who have been honorably dac charged or 
separated from the service, or placed in the regular Army or Naval 
Reserve. During the twenty days preceding July 19, 1922,, applications 
for such land may be filed and all such applications, together with 
those filed at 9 a.m., July 19, 1922, will be cons5derod as 
simultaneously filed and conflicting applications will be disposed 
of by lot. 

From October 15, 1922, to November 7, 1922, inclusive, 
any of said lands remaining unentered will be subject to entry 
under the homestead law only, by the general public, Applications 
ijiay be filed within the twenty-day period preceding October 18, 1922, 
all such applications, together with those filed at 9 a.m., October 
18, 1922, to be considered as simultaneously filed and conflicting 
applications to be disposed of by lot. 

On and after November 8, 1922, any of said lands remaining 
unentered will be subject to entry by the general public under 
applicable land laws. 



-46- 

(270) 

NET*" MEXICO: 

FROM STOCK DRIVEWAY WITHDRAWAL. 

1,920 acres in Chaves County and Roswell land district, 
open to entry under the homestead and desert land laws by ex-service 
men of the war with Germany for a period of ninety-one days 
beginning July 21, 1922. Filings may be presented at any time during 
the 20 days prior to that date. On and after October 20, 1922, any 
of such lands remaining unentered will be open to appropriation 
under any public land law applicable thereto by the general public. 
The lands released from driveway withdrawal , are reported to be 
very sandy and have been designated under both the enlarged and 
stock-raising homestead laws. The preference accorded ex-service 
men in this restoration is subject to prior valid settlement rights 
and equitable claims, 

(271) 

COLORADO: 

RESTORATION FROM POTTER SITE WITHDRAWAL. 

About 12,000 acres in Fremont, and Custer Counties 
Pueblo land district south of the Rxo Grande River and near Grape 
Creek, in Ts. 18,19 and 20, S., R. 21 77 . , Ts. 20 and 2 S., R. 
72 V., T. 21 and 22 S. , R. 73 17.; open to homestead and desert 
land entry, beginning August 2, 1922, for a period of 91 days 
to ex-service men of the 7. : orld 7.'ar subject, however, to valid, 
prior settlement, and preference rights; filings may be presented 
during the 20 days preceding that date, that is from July 13, 1922 
to August 1, 1922, inclusive, any lands remaining unentered on 
November 1, 1922 will be open to settlement and all forms of 
entry and selections by the general public 

OIL AND GAS PERMITS IN THE GENERAL 
LAND OFFICE. 

During the month of June, 3<il now applications for permits 
under Sections 13 and 20 of the leasing act were received. 
1,580 applications received consideration during that time; of which 
number, final disposition was made of 578, by 343 permits granted, 
and 235 applications finally rejected and closed. 314 applications 
were rejected, subject to the right of appeal, and 18 transmitted 
to the Secretary on appeal. On cases heretofore appealed, Depart- 
mental decisions were rendered, resulting in 11 cases being 
affirmed, 10 reversed, and 3 modified. The Secretary also approved 
19 assignments of permits, and rejected 1. Preliminary action was 
taken on 407 applications, 208 applications for extensions 
were granted, 2 denied, and 9 permits were canceled. 



~x7- 



Under the relief provisions of the act, 15 permits and 

leases were granted, and 20 applications finally rejected. 141 

applications were examined, 17 applications were rejected, subject 

to appeal, 4 transmitted to the Secretary on appeal, 2 decisions 

were rendered by the Department in cases heretofore appealed, 

affirming the action of this office. Assignments of 6 permits 

and 7 leases were aDproved by the Secretary; 1 sales contract 
was approved; 37 extensions of time grantea and 3 denied. 

The receipts under the mineral leasing act for the month 
of May were $1,040 9 659, 18, f which '$937,603.79 was from land 
outside of naval petroleum reserves, and #103,055.39 from lands 
within such reserves. 

OIL AND GAS ACTIVITIES IN ALASKA. 

Prom February 25, 1920, the date- of the passage of the 
oil leasing act to June 1, 1922, 926 applications for permits 
involving lands located in the Territory of Alaska have been 
received in the General Land Office, 26 of which are based on 
alleged preference rights under Sec. 22 of the Act; 915 were filed 
in the Juneau Land Office and 11 in the Fairbanks office. Of this 
number disposition has been made by the granting of 558 permits 
and the final rejection of 32 applications under Section 13 of 
the Act, a total of 590. Final action on all of the Sec. 22 
applications is delayed by reason of the non-receipt of additional 
evidence which has been called for and which is necessary to complete 
the claims. In relation to the many applications, except those 
received very recently, some action has been taken, and it is 
expected that disposition will be made of most of them within the 
next sixty days. 

About two-thirds of the said applications are for lands 
located in the Alaskan Peninsula in the Gold Bay region, the 
remainder being scattered over the Katalla, Yakataga, Iliamna, 
Kootsaahoo, Seward, was ilia, Anchorage, Aniashak, Lituya Bay, Young 
Bay, and Kachewak Bay regions. 

The applications, as a rule, are for the full area that 
may be granted under a permit — 2,560 acres, and the entire area 
applied, for is approximately 2,225,000 acres. Practically all of 
this land is unsurveyed, and, in most instances, the descriptions 
thereof, shown by metes and bounds, are very indefinite, so that 
the difficulties encountered in considering the applications, in 
view of the many conflicts which exist, may be readily seen. 

On March 8, 1921, in order to expedite business, the 
Department decided to issue prospecting permits without waiting 
for adjustment of possible conflicts, each permit having placed 
therein clause 7-g-, requiring permittees to adjust the conflicts 
by agreement, or otherwise, within six months. On December 30, 1921, 
the Department extended the time within which to comply with said 
requirements until July 1, 1922. 



-48- 

At the request of the parties in interest in the 
Cold Bay district, the General Land Office undertook to make 
certain surveys which, while made in part, have not yet been 
completed in the field, and consequently plats of survey are not 
yet available. However, from an unofficial map of the survey now 
in the General Land Office, it appears that lines of survey, duly 
monunented, have been run through what is known as the East and 
west fields of that district, sufficient to enable a tie thereto 
of the lands embraced in the various claims. 

On March 28, 1921, the Department modified the original 
instructions issued under the Act (Sec. 10, paragraph (a) relating 
to permits in Alaska), which held that 

a person, association, or corporation is 
authorized to hold five permits at one time 
in said territory, but only one permit in 
the geologic structure of any one producing 
oil field;" 
so that it now reads : 

a person, association, or corporation is 
authorized to hold five permits at one time 
in said territory, but only one permit in 
any one geologic structure." 

It was also held with reference to paragraph 2 of the 
regulations wherein it is stated that the granting of a prospecting 
permit is discretionary with the Secretary of the Interior, that 
this is true of the assignments of permits, and that having in 
mind the intent of the Act. 

it is held that one individual, corporation or 
association may elect and obtain but one permit 
in a geologic structure of a non-producing 
field, but for development purposes 
assignments to a qualified individual, corpora- 
tion, or association outside producing oil or 
gas fields, not exceeding five permits in 
Alaska, whether contiguous or non^contiguous, 
may be presented for consideration of the 
Secretary of the Interior, and his approval, 
if he shall find same to be in the public 
interest." 
On June 2, 1922, paragraph 23&, circular 672 of the oil 

leasing regulations relating to Alaska, was amended by adding thereto 

the following clause: 



-49- 

"(f) The foregoing paragraph is applicable to cases 
Yfhere but one permit area in r single field or 
sti ucture is held by the permittee or lessee, where 
one cr more additional permits, not exceeding five, 
are secured by assignment, the rentals and royalties 
on one of the permits shall be as proscribed in 
clauses a,b,c and d cf this paragraph, and upon the 
remaining areas secured by assignment the rentals 
and royalties shall be as provided in paragraph 3 
of the said regulations approved March 11, 1920, 
amended October 29, 1920, unless modified in a 
proper case v.hen such a permit or lease is granted 
or approved. " 



L*U STUDENTS AND G&JDU.TES IN THE UND SERVICE 
1922. 



Receiving the degree of M. A. 

At Georgetown University: 

J. J. Buckley, Division "C", 

Receivi n g the d e gree of P h. p», 

At George Washington University: 

H. S. Adkins, Division "e". 

Rece i ving the degree of LL.PiprlU 

At the American University: 

Narciso Estrellap Division "K". 

Receiving the e'egrees of LTJ/i . and M.P.L , 

At Georgetown University: 

Abe Furr, Division "P". 
At the Law School of the National University: 

Mrs. Ida i.iyrth, Division "0". 



.50- 



Receiving the degree of LL. M. 

d, Georgetown University: 

J. T. Keating, Division "G' 



At the Law School of the National University: 

Miss Donna M. Davis, Division "FS". 
J. E. McCullough, Division "K"« 
H. P. Thonas, Division "C"« 

Receiving the degree of LL. B* 

it Georgetown University: 

E. V. Ahern, Division "N". 
David Chaves, Division "K"« 
:E. J. Collum, Division "0". 
J. H. Davidson, Division "0". 

C. u. Faulkner, Division "C". 
S. C. Griffith, Division "K 1 *. 
M. T. Hale, Division "M". . . 
L. M. Hayes, Division "N". 

J. E. Higgins, Division "FS." 

J. H. Johnston, Division "C' : . 

D. J. O'Connor. Division "K". 
A. C. Ryncarson, Division "G". ' 
T. J. T.iiliamson, Division "F :, » 

At George Washington University: 

D. V. Hunter, Division "N". 
Hobart Brantley, Division "C". 

At the Law School of the national University: 

L. T. Farrell, Division "B". 
H. K. Hodgson, Division "FS." 

Receiving the decree of B.C.S. 

At the Y. M. C. A. School: 

K. A. Shav, Division "F u . 



.51- 



Among the special honors c.ttaincd by Land Office people 

At the Law School of the National University: 

Gold modal for best examination in all subjects, 
junior class, won by Thomas C, Havcll, Division"E". 

Thomas Law Book Company priee for best examination 
in real property, won by Thomas C. Havell, Division 
"E". 



-52- 

CONSOLIDATED WOIK REPORT OF LOCAL LAND OFFICES FOR MONTH OF MAY 1922* 



OFFICES 



End 


Last ; 


''cnth 


Received and 














Disposed of 


End of This 




Pen 


:Sus 


:Pen 


R'ec'd : Trans 


Now :Now 




;?end 


ding 


:pen 


:ding 


in :nitt- 


pen :sus 




:mg 


de 


;ded 


;un 


this :ed 


ding :pend 




:un 


Slg 


: re 


:act 


month ;t 


do :ed 




:acted 


na 


:36c 


:ed 


:GLO 


sig :re 




:on 


tion 


:ted 


: on 


:this 


'na ;jec 




:by 




; other 


:ly 


:month 


tion;ted 




:R&R 




: v/i se 


:R&R 


; 


: other 






; 






; :wise 







Alabama 

Montgomery 
Alaska 

Fairbanks (a) 
Juneau 
Nome (a) 
Arizona 

phoenix 
Arkansas 
Camden 
Harrison 
Little Rock 
California 
El Centro 
Eureka 

Independence 

Los Angeles 

Sacramento 

San Francisco 

Susan ville 

Visalia 
Colorado 

Del Norte 

Denver 

Durango 

Glen-wood Springs 

Hugo 

Lamar 

Leadville 

Montrose 

Pueblo 

Ste rling 





24 \ : 


16 : 




164 : 


47 : 


; 280: 


291 ; 2 : 


358 : 




14 : j 


22 : 




38 ; : 


52 : 


: 2 


108 : 


46 : 


; 8. 


15 : 


44 : 


: 44 


2 : 


18 : 


: 63 


83 . 


72 ; 


: 58 


160 : 


183 : 


: 125 


63 : 


68 : 


: 3 27 


73 : 


: 109 : 


: 37 


21 : 


23 : 


: 30 


: 31 : 


. 71 : 


: 80 


19 : 


: 50 ': 


: 196 


: 40 : 


: 100 : 


: 107 


: 51 : 


: 111 : 


: 550 


: 174 : 


: 248 : 


: 8 


: 6 : 


: 8 ; 


: 101 


: 86 ; 


: 114 : 


: 61 


: 46 : 


: 53 : 


: 282 


: 57 : 


: 136 : 


: 388 


: 230 : 237 


: 197 : 


: 24 


: 11 : 4 


: 38 : 



17 



50 



342 

15 
60 

47 

45 
23 
73 

180 
68 

107 
30 
55 

55 

92 

107 

406 

7 

90 

57 

95 

397 

36 





23 : 




161 : 


: 280. 


309 : 




21 : 




oO ; 


: 2 


107 : 


: 10 


12 : 


: 40 


1 : 


: 56 


69 : 


: 59 


162 ; 


: 125 


63 : 


: 147 


65 : 


: 34 


17 ; 


: 35 


: 42 : 


: 81 


: 13 : 


: 192 


: 52 : 


: 106 


: 56 : 


: 323 


: 243 : 


: 8 


: 7 : 


: 108 


: 103 : 


: 62 


: 41 : 


: 291 


: 89 : 


: 355 


: 300 : 


: 26 


15 : 



• 53- 



Florida 




Gainesville 




Idaho 




Black foot 


. 244 


Boise 


. 146 


Coeur d'.Aler 


ie 3 


Hailey 


: 62 


Lewi st on 


16 


Kansas 




Topeka 


35 


Louisiana 




Baton Rouge 




Michigan 




Marquette 




Minnesota 




Cass Lake 




Crookston 




Duluth 




Mississippi 




Jackson 




Missouri 




Springfield 




Montana 




Billings 


.74 


Bozernan 


151 


Glasgow 


267 


Great Falls 


40 


Havre 


132 


Helena 


213 


Kali spell 


1 


Lewi st own 


450 


Miles City 


431 


Missoula 


32 


Neb-raska 




Alliance 


33 


Broken Bow 


23 


•Lincoln 




Nevada 




Carson City 


44 


Elko 


68 


New Mexico 




Clayton 


70 


Ft • Sumne r 


97 


Las Cruces 


107 


Roswell 


155 


Santa Fe 


311 


Tucumcari 


46 



: 22 : 7 


: 80 


81 




: 17 : 


: 161 : 10 


: 162 


: 213 


: 216 


: 122 : 


: 162 : 


: 150 


147 


: 173 


: 138 : 


: 25 : 


: 19 


20 


: 3 


: 24 : 


: 132 : 


: 49 


34 


: 69 


: 140 : 


: 12 : 


: 25 


30 


: 16 


: 7 : 


: 5 : 2 


27 


24 


30 


13 : 


: 49 ; 


33 


26 




: 56 : 


: 11 : 


: 14 


: 14 




: 11 : 


: 24 \ 


14 


13 




25 : 


: 13 : 


: 14 


18 




9 : 


: 35 : 


; 41 


42 




34 : 


: 6 : 


22 

3 


23 
3 




5 : 


: 164 : 


39 


19 


81 


177: 


: 107 : 


64 


80 


147 


95: 


: 156 : 


166 


174 


267 


148: 


: 140 : 


113 


166 


33 


94: 


: 115 : 


126 . 


99 


140 


134: 


: 80 : 


118 , 


129 


198 


84: 


: 13 : 


30 


28 


1 


15: 


: 59 : 


102 


140 


413 


58: 


: 238 : 


291 


295 


433 


232: 


: 22 : 


21 


25 


32 


18: 


: 6 : 


37 : 


32 


33 


11: 


: 3 : 


13 


10 


24 


5: 


: 4 : 


10 


9 


1 


4 : 


: 112 : 


67 


86 


19 


118: 


: 67 : 


30 


50 


30 


85: 


: 33 : 


52 


55 


68 


32: 


: 89 : 4 


91 


111 


71 


99: 


: 140 : 1 


147 


141 


113 


141: 


: 102 : 


280 ! 


267 


115 


155: 


: 350 : 


394 


424 


310 


321: 


: 23 : 1 


28 


31 


50 


16: 



11 

26 



.54- 



North Dakota 
Bismarck 
Dickinson 
Williston 

Oklahoma 
Guthrie 

Oregon 
Burns 
La Grande 
Lake view 
Portland 
Rose burg 
The Dalles 
Vale 

South Dakota 
Belief ourche 
Gregory 
Lemraon 
Pierre 
Rapid City- 
Timber Lake 

Utah 

Salt Lake 
Ve rnal 

Washington 
Seattle 
Spokane 
Vane ou ve r 
Walla Walla 
Waterville 
Yakima 

Wisconsin 
sau 

Wyoming 
Buffalo 
Cheyenne 
Douglas 

ton 
L- nder 
Newcastle 



City 



: 9 : 


29 : - : 


33 : 


22 : 


18 : 


31 : 


: 56 : 


20 : : 


16 : 


20 : 


54 : 


18 : 


: 22 : 


26 : : 


11 : 


10 ; 


23 : 


26 i 


: 58 : 


25 : 12 : 


51 : 


67 : 


61 : 


18 : 


: 60 : 


21 : : 


40 : 


40 : 


67 ; 


14 : 


: 95 : 


231 : : 


57 : 


65 . 


100 : 


21*3 : 


: 65 


18 : 10 


36 


28 , 


67 


3't : 




2 : 


24 


23 




3 : 


: 3 


29 : 


78 


70 


2 


33 : 


: 218 


49 : 


116 


104 


234 


45 : 


: 90 


57 : 


53 


52 


93 


55 : 


: 18 


22 : 


52 


54 


17 


21 : 


: 10 


1 : 


10 


4 


10 


7 : 


: 59 


: 25 : 


: 43 


35 


62 


30 : 


: 71 


44 : 


14 


33 


60 


36 : 


: 118 


: 55 : 


82 


75 


. 117 


63 : 


: 42 


. 39 : 


. 65 


: 83 


33 


: 30 : 


: 653 


: 307 : 


. 282 


: 320 


. 628 


: 294 : 


: 38 


: 39 : 


: 20 


: 41 


: 37 


: 19 : 




: 15 : 


: 1 


: 3 




: 13 : 


: 36 


: 27 : 


: 31 


: 23 


: 37 


: 34 : 


• 5 


: 10 : 


: 15 


: 16 


: . 5 


9 : 


: 40 


: 7 : 


: 35 


: 33 


: 42 


: 7 : 


: 89 


: 62 : 


: 59 


: 59 


: 89 


: 62 : 


: 19 


: 9 : 


: 14 


: 12 


: 19 


: 11 : 




: 7 : 


: 3 


: 4 




: 6 : 


: 133 


: 93 ': 


: 163 


: 155 


: 130 


: 104 *: 


: 385 


: 369 : 


: 206 


: 452 


: 199 


: 309 : 


: 157 


: 187 : 12 


: 299 


: 346 


: 123 


: 234 : 


: 151 


: 193 : 


: 70 


: 51 


: 97 


: 255 : 


: 93 


: 106 : 


: 114 


: 97 


: 110 


: 106 : 


: 269 


: 119 : 


: 200 


: 254 


: 219 


: 115 : 



TOTAL 



:8894 :6730 : 302 :7449 : 8164 : 8179 



6939 



93 



Note (a) No report received from these offices on June 27, 1922, 



-55- 



(public No. 242 — 67th Congress)* 
5. 2014* 

An Act To provide for the settlement of small holding 
claims on unsurveyed land in the State of Mew Mexico* 

BE IT ENACTED EY THE SENATE AND HOUSE CF REPRESENTATIVES 
OF THE^ UNITED STATES OF AMERICA' IN CONGRESS ASSEMBLE©, That. in 
township surveys hereafter to be made in the State of New 
Mexico, if it shall be made to appear to the satisfaction of the 
deputy surveyor making such survey that any person has, through 
himself, his ancestors, grantors, or their lawful suace s s o rs , in 
title or possession, been in the continuous adverse actual 
bona fide possession, residing thereon as his home, of any tract 
of land or in connection therewith of other lands, all together 
not exceeding one hundred and sixty acres, in such township for 
twenty years next preceding the time of making such survey, the 
deputy surveyor shall recognize and establish the lines of such 
possession and make the subdivision of the adjoining lands in 
accordance therewith. Such possession shall be accurately defined 
in the field notes of the survey and delineated on the township 
plat, with the boundaries ami area of the tract as a separate 
legal subdivision* The deputy surveyo r shall return with his 
survey the name or names of all persons so found to be in 
possession, with a proper description of the tract in the possession 
of each as shown by the survey, and the proofs furnished to him 
of such possession* 

Upon receipt of such survey and proofs the Commissioner of 
the General Land Office shall cause careful investigation to be made 
in such manner as he shall deem necessary for the ascertainment of 
the truth in respect of such claim and occupation, and if satisfied 
upon such investigation that the claimant cones within the provisions 
of this section, he shall cause patents to be issued to the parties so 
found to be in possession for the tracts respectively claimed by 
them: Provided, however, That no person shall be entitled to confirma- 
tion of, or to patent for, more than one hundred and sixty acres 
in his own right by virtue of this section* 

All claims arising under this Act shall be filed with the 
surveyor general of New Mexico within two years next after the 
passage of this Act, and no claim not so filed shall be valid* 
No tract of such land shall be subject to entry under the land 
laws of the United States: AND PROVIDED FURTHER, That this Act 
shall not apply to any city lot, town lot, village lot, farm lot, 
or pasture lot held under a grant from any corporation' or town 
the claim to which may fall within the provisions of this Act. 

Approved, June 15, 1922* 



-56- 

P RESIDENTIAL APPOINTMENTS, 



Fred S. Sis son of Pueblo, Colorado, to be' Register of the Land 
Office at that place; vice James Frederick Drake, deceased; commission 
dated April 29, 1922. Mr, Sisscn entered on duty May 10, 1922* 

Mrs* Amanda I, Franks of Sterling, Colorado, to' be Receiver of 
Public Moneys at that place; vice Charles w. Sederburg, resigned; 
commission dated April 29, 1922. Mrs* Franks entered on duty May 10, 
1922, 

Martin Widwten of warroad, Minnesota, to be Register of the Land 
Office at Grookston, Minnesota, from August 1, 1922, under the act of 
May' 24V.;, 1922. .The offices of Register and Receiver at Crookston will 
be consolidated and the office of Receiver will be abolished effective 
August 1, 1922; commission dated May 3, 1922. "Mr. Widsten is now 
serving as Register and will succeed himself as well as James P, O'Connell, 
the present Receiver, who will retire at the close of business on July 31* 

Jaffa Miller' of Roswell, New Mexico, to be Register of the land 
office at that piace ; vice Emmett patten resipned; comnission dated 
May 9, 1922., Mr. Miller entered on duty May 23, 1922* 

Hugh E. O'Donnell of Lewiston, Idaho, to be Register of the Land 
Office- at that place from August 1, 1922 under the act of May 24, 1922, 
The office of Register and .Receiver at Lewiston will be consolidated arid 
the office of the Receiver will be abolished, effective August 1, 1922; 
commission dated May 9, 1922* Mr, O'Donnell is now serving as Register 
of this office and will succeed himself; also Ernest L« Parker, the 
present Receiver who will retire at the close of business July 31, 1922* 

Peter J. Johnston of Blackfoot, Idaho, to be Receiver of public 
Moneys at that place; vice Charles E. Harris, term expired; commission 
dated May 12, 1922. 

Bartlett Sinclair of Boise, Idaho, to be Register of the Land 
Office at that place; vice Frank S. Herr, whose term expired June 22, 1922; 
commission dated May 15, 1922. 

Harmon Hayward Schwoob of Cody, Wyoming, to be Receiver of Public 
Moneys at Lander, Wyoming; vice William H. Edley, term expired; commission 
dated May 26, 1922, 

George C. Jackman of Marquette, Michigan, to be Register of the 
Land' Office at. that place from August 1, 1922. Under the act of May 24, 
1922, the offices of Register and Receiver at Marquette will be consolidated 
and the office of Receiver wiil be abolished effective August 1, 1922; 
commission dated May 31, 1922. Mr. Jackman will succeed John L* 






-57- 

Heffernan, the present Register and Perry H« Ross, the ^resent Receiver, 
who will retire at the close of business July 31, 1922* 

Silas E, Speckman of Springfield, Colorado, to be Register of 
the Land Office at Lamar, Colorado, from August 1, 1922, when the 
offices- of Register and Receiver will be consolidated, to succeed Alonzo 
L» Beavers, the present Register and Robert J„ McGrath at the close of 
business on July 31, 1922; commission dated June 22, 1922» 

Albert Halen of Vernal, Utah, to be Register of the Land Office 
at that place from Aurust 1, 1922, when the offices of Register and 
Receiver will be consolidated, commission dated June 22, 1922* Mr. Halen 
is now serving as Register of this office and will succeed himself; also 
Mrs. Addie Longhurst, the present Receiver, who will retire at the close 
of business July 31, 1922* 

Eber Melvin Steninger of Elkc, Nevada, to be Register of the 
Land Office at that place from August 1, 1922, when the offices of 
Register and Receiver will be consolidated* Mr. Steninger. is now serving 
as Register and succeeds. himself and also Mrs. Lulu Hurley at the close 
of business on July 31, 1922; commission dated June 22, 1922* 

William 0, Ligon of Jackson, Mississippi, ^Register of the Land 
Of fice at that place from August 1, 1922. when the offices of Register 
and Receiver will be consolidated* Mr. Ligon is now serving as Receiver 
of Public Moneys and will succeed William F. Cummings, the present 
Register and himself at the close of business hours July 31, 1922; 
commission dated June 22, 1922. 

George J. Reiley of Bat on Rouge, Louisiana, to be Register of 
the Land Office at that place from August 1, 1922, when the offices of 
Register and Receiver will be consolidated; commission dated June 22, 
1922, Mr. Reiley is now serving as Receiver and will succeed himself and 
also Edward D. Gianelloni at the close of business on July 31. when 
the office of Register and Receiver will be consolidated; commission dated 
June 22, 1922* 



William Ashley of Coeur d'Alene, Idaho, to be Register of the 
Land Office at that place from Aurust 1, 1922, when the offices of Register 
and Receiver will be consolidated ^commission dated June 22, 1922. Mr. 
Ashley is now serving as Receiver of public Moneys and will succeed 
himself and also Frank Langley, the present Register, at the close of 
business July 31* 

William Harris of Silver City, New Mexico, to be Receiver of 
Public Moneys at Las Cruces 5 New Mexico; vice Donaciano E, Rodriquez, 
resigned; commission dated June 24, 1922. 



• b8. 



Miss May G. Angel of Hailey, Idaho, to be Register of the Land 
Office at that place; vice Ben R. Gray; commission dated June 26, 1922i 

Charles S* Merrill of . Wolcott, Colorado, to "be Receiver of 
Public Moneys at Glenwood Springs, Colorado; vice Henry James Holmes; 
commission dated June 26, 1922, 

OBITUARY, 

Henry VJ» Sanford* • 

Through a notice appearing in the Steuben Courier, New York, 
we are advised of the death cf Henry w. Sanford, which occurred May 11, 
1922, at his home in Addison, New York. Captain Sanford, to use his 
military title was' Recorder of the General Land Office from April, 
1907 to July, 1913, and left a record for r devotion to duty and 
intelligent service that will long be remembered in the office. 

The Courier carries a very full sketch of the notable military 
record of Captain Sanford during the Civil war* 

BIND THE BULLETIN. 



Members of the Land Service receiving the Bulletin are requested 
to assemble 'the 12 numbers of Vol* 5 and transmit them to the General 
Land Office, where they will be bound, uniform with the four preceding 
volumes, and then returned, 

TELL THE BULLETIN. 

To all Local Offices and Field Service Employees: 

If anything occurs, in the public land service, which you think 
is of administrative value, tell us about it. Address all communications 
to the Commissioner of the General Land Office, "Land Service Bulletin." 
All information should be received not later than the 24th of each month 
for use in the current number. 



(4368) 




agaraauMu MIS ©HPICR 



By direction of the Secretary of the Interior the matter 
contained 'herein is published as administrative information 
and is required for the proper transaction of the public 
"business . 



Vol. 6 



August 1, 1922. 



Ho. 6 



THE DENVER CONFERENCE. 

A conference of representatives of all surveying "branches 
of the General Land "Office, at 'which the Commissioner was present 
part of the time, was held in the office of the Supervisor of 
Surveys at Denver, Colorado, July 10th to 14th, inclusive. 

The primary object "of the • Conference as stated by the 
Commissioner in' his opening address, was the promotion of greater 
efficiency and therefore economy of operation in the Surveying 
Service as a whole, through the bringing about of a better under- 
standing of the fundamental problems confronting the Service,' and 
by the establishment of a ' common viewpoint in the field and in the 
office towards' the processes employed in solving those problems, 
to the end that' the user of the public domain may enjoy to the 
fullest extent the privileges .and benefits that a wise and beneficient 
Government intended he should have. 



Many subjects of broad' and far-reaching importance to the 
work and to the public' were discussed, and conclusions agreed upon 
for recommendation to the Commissioner. Among the most important 
of these was the always interesting and complicated subject of 
resurveys and related matters, the Manual of Surveying Instructions 
as far as completed, and the subject matter of the chapters yet to 
be written. Careful consideration was ' given the matter of 
standardization of field notes - and plats of survey, including the 
style of relief to be shown on the latter. Hew and simplified 
forms for reporting progress in the field and survey cost, and for 
recording Government property with its annual depreciation' were 
agreed upon. Surveys in Alaska received special attention, as well 
as mineral surveys everywhere with a view to giving better service 
to the survey using public. Innumerable questions of field policy, 
of organization, and of detailed technical procedure were worked out 
and the path cleared for more unified action in surveying the 
public lands. 



-2- 

In addition to Hon. William Spry, Commissioner of the 
General Land Office, those present included Frank M. Johnson, 
Supervisor of Surveys, who ' presided ' at the Conference; Arthur D', ' 
Kidder, Associate Supervisor of Surveys, of the Eastern District; 
Guy P. Harrington' of Nov/ Mexico," J. Scott Harrison of Montana, 
A. C. Horton, Jr., of Arizona and California, Herman Jaeckel of 
Colorado and Wyoming, G.D'.D. Kirkpatrick of Nevada and Utah, 
Ernest ?, Rands of Oregon,' Frank S. Spofford of Idaho and Washington, 
IT. B. Sweitzer 'of Nebraska and South Dakota, and John' P. Walker of 
Alaska, Assistant Supervisors of Surveys ; W. T. Paine, /\ssistant' 
Chief of the ' Surveying Division and Chairman of the Manual Board, 
T. C, Havell, Chief Administrative and Technical Assistant to the 
Surveying Division, and' Willi am H. Lewis, Member of the Loard of Law 
Review, all three from the General Land Office, Washington, D.C. 
The offi'ces of the Surveyors General were represented "by S. W. 
Go o dcale ,, Exami ner of f f i e'es ' o f 3u rve yo r s Gen e r al , W . H . C 1 ark, 
Surveyor General for Colorado, and the chief technical experts of 
these offices including John D. Adams of Phoenix, James LI. Wasson 
of San Prancisco, R. K. Allen ef Denver, Alan R, KcC6rd of 
Boise, T. P. 1'Iathip.s of Helena, R. W. Nelson of Reno, Gorman L. 
King of Santa Pe, J. W. Rowland of Portland, H.R.M. Atkinson of 
Salt Lake City, George P. Naden of Glympia, and J. Q,. Naref'o'f 
Cheyenne; in all, twenty-eight representatives of the surveying 
branches of the General Land Office were present. 

In order to expedite the business of the Conference, the 
several subjects presented by each member for discussion amounting 
to more than IOC in number, were first arranged into eleven groups 
by a special committee appointed for that purpose. The Chairman 
then appointed committees to consider each group of related subjects 
and to' later make formal report thereon through their chairmen to 
the chairman of the Conference. These reports were then considered 
and acted upon in open discussion. In this way every subject 
presented received serious and thorough consideration and the great 
volume of business of the Conference was completed within the 
specified time. 

It was the unanimous opinion ->nd individual expression by' 
those present that the meeting at Denver was an unequivocal success, 
for while it is realized that a large part of the work of the Conferee 
is merely advisory and that its recommendations are subject to 
review and decision as 'to their worth by higher authority, ' the 
discussions by those so vitally interested in the work disclosed, as 
perhaps nothing else could, the true meaning and purpose of General 
Land Office Surveys, and pointed the way to uniform action in 
accomplishing that purpose. 



-3- 

SUKtfEY NOTES. 

From the last report of the Supervisor of Surveys, 
it appears that on July 15, 1922, there were 90 U.S. Surveyors and 
Cadastral Engineers actively engaged in field duties, distributed 
throughout ' the several surveying districts as follows: Alaska 4; 
Arizona, 1';': California 10'; Colorado 8; Idaho 7; Montana 12; 
Nebraska and South Dakota 4; Nevada 4; New Mexico 5; Oregon 6; 
Utah 13; Washington 5; Wyoming 5; Eastern District 6. All of 
these surveyors are executing work payable from the regular 
appropriation for Surveying the Public Lands, except two parties 
in Montana engaged upon allotment work payable from the appropria- 
tion" for Surveying and Allotting -Indian Reservations'; ' 6 parties 
in Utah, payable from the special State appropriation; 4 parties 
in Washington; payable from special deposits by the Northern 
Pacific Railway Company and 2'parties in the Eastern surveying 
district, engaged upon the Cheyenne River and Leech Lake Indian 
Reservations, payable from thd appropriation for Surveying and 
Allotting Indian Reservations, 

SURVEY CE ERANKLIN LAKE BED, NEVADA. 

The problem involved in apportioning accretion lands 
among' the riparian owners of the shore lands on non-navigable 
lakes, where the Go\"ernment is a party in interest, has recently 
been given special attention by this office in connection with the 
development of a plan of survey for the bed of Eranklin Lake, 
Nevada. 

This case had its inception in a charge by a special 
agent that an unlawful inclosure of about 540 acres of Government 
land was being maintained in T. 27 N., R. 53 E., M.D.M. ' It 
developed, however, that the lands were a part of the bed of 
Eranklin Lake and as ■ title thereto had never been determined to 
be in the Government, a further investigation was' ordered. The 
preponderance of the evidence developed at this examination, 
which was conducted by' one of the mineral inspectors of the Eield 
Service, was in support' of the correctness' of the original 
meanders of the lake, and as all of the lands bordering on the 
west shore 'except one subdivision had been disposed of by the 
Government, no action was brought for the alleged unlawful 
inclosure on the theory that the fencing inclosed only lands 
privately owned, under the doctrine of riparian rights. On the 
east of the lake, however, the Government retains title' to all of 
the abutting lands and in view thereof the case was taken up 
from a survey standpoint to determine whether or not the meander' 
line should be Reformed to make available for" disposal the' lands, 
if any there be, that were originally returned as lake bed, but 
which may now be above mean high water mark. 



This presented directly the problem of determining 
what portion of the original lake bed is the subject of private 
ownership by reason of the riparian rights of the claimants, 
holding title to the abutting lands along the west shore of the 
lake, and what portion is in the ownership of the Government 
as accretion to the unappropriated public lands along the east 
shore of the lake. There was no occasion to consider the rights 
of the State as the lake unquestionably is not navigable and, 
under the common law doctrine, of ' riparian rights, laid down in 
Hardin vs. Jordan (140 U # S. 371), which in the absence of a ' 
State law to the contrary, is in force in the State of Nevada, 
the ruling is that: 

"By the common law under a grant of land 
bounded on a lake or pond, ' which is not tide- 
water and is not navigable, the grantee takes 
to the center of the lake or pond ratably with 
other proprietors, if there be such." 

This office, in discussing the problem with the U. S. 
Surveyor General for Nevada,' of dividing' the lake bed between 
the' private claimants and the Government, started with the rule 
laid down by the U'. S. Supreme Court in the case of Johnson 
vs. Jones (1 Black 209), which is to apportion to each 
proprietor of the original shore as many portions of the' new 
water front as he has chains of fronting on the old meander 
and then to complete the 'division of the land by drawing lines 
from the corners on the old meander line to the corresponding 
points on the new shore line. This method is only applicable 
to those cases where a river, with fairly regular banks, is 
involved and is subject to modification when deep indentations 
or sharp projections of shore line are presented, so as to' 
destroy the equities involved. In the case of a lake or pond, 
a still further modification' becomes necessary. As a general' 
rule, the division of the bed of a lake among riparian owners, 
is accomplished in most states by carrying the rights of the 
lot owners' to the center of the' lake. This is so where the 
lake is fairly round or regular, but when the body of water is 
irregular or elongated, as in the case of franklin Lake, it was 
deemed advisable to adopt the rule advanced in a New York case, 
reported in 118 1T.Y. Sup. 1049, by holding that the owner is 
entitled to the land in front of his premises to the thread 
of the lake. Where the lake 'has an outlet, and inlet, ' the 
thread is easily ascertained, but where it is otherwise, the 
thread must be assumed to pass through the center cf the lake, 
along its longest diameter. The determination of the position 
of the center line upon this method, will generally have to be 
accomplished graphically, then reduced to courses and 
distances by scale and protractor, and then laid down upon the 
ground. 

The special instructions for this work are now in 
course of preparation by the U . S. Surveyor General for Nevada. 



SOMETHING NEW UNDER THE SUN. 

Considering the great number of years of execution 
of the surveys of ' the public lands, 'and the thousands 'of miles 
of lines surveyed, it is surprising, at this late' day, to 
find a n6velty, developed in resurveys recently executed in 
Colorado, and what' is believed to be the only case where a' 
single'-' point stands for the common corner of six townships^' 
namely, Ts.'l and 2 N.; Rs . 7$ and 60 W. T, l£ N„, R„ 80 W., 
and T. 2 N., R. 79-~r W., '6th P.M. 

We have' a single corner for the four States \(at the 
S.E. corner' of Utah, which is the only instance in the United 
States), and a' corner common to four townships ' is, of course, 
no novelty, ' but' this ' corner is common to six townships, and 
such a condition is the first and only one on record** 

NOTES PROM THE FIELD SERVICE. 

Mr', R. R.' Duncan', Special Agent in the Santa Fe Field 
Division, has been detailed to temporary duty in the General 
Land Office, beginning July 27, 1922. 

Mr. Peter Wedvig, Special Agent in the Helena FieXd 
Division, has been transferred to the position of clerk in the 
General Land Office. 

The resignation of Mr. W. M. Dockery," a Timber Cruiser 
in the Southern Field Division has been accepted effective 
July 15, 1922. Mr. Dockery has returned to his home in Portland, 

Oregon. 

From Denver. 

When Commissioner Spry and the Washington contingent 
attending the conference of the Supervisor of Surveys, the 
Assistant Supervisors and" the Chief Clerks of Surveyors- 
General's offices, ' arrived at Denver on Sunday evening, July 
9, they'were met at' the Union Station by quite a large 
reception committee, among 'whom was Capt. George E. Hair, the 
Chief Of Field Service, who had arrived from Salt Lake City 
a few hours before. The Commissioner had his hearty handclasp 
and smile for everyone. 

Tuesday noon, the 11th, Mr. Frank LI. Johnson, the 
Supervisor of Surveys, tendered Governor Spry and Capt. Hair,' 
as well as the Washington delegation attending the convention, 
a luncheon at Daniels and'Fisher r s tearoom. Amo ng- the guests 
were Mr. W. H. Clark, Surveyor-General of Colorado, Mr. C. D. 
Ford, Receiver of Public Moneys of the Denver Land Office, 
Inspector S. W. Goo dale, and several others. 



-G- 



While in Denver Commissioner Spry took the 
opportunity of ' calling on Mayor Dewey C. Bailey at the City 
Hall, and on Governor Oliver H. Shoup at the State Capitol,' 
'Governor Spry and Mayor Bailey are oldti'me friends since the 
days when they were Unite" & States Marshals for their 
respective States, Utah and Colorado, 

Mr, G. A. Cunningham, the Inspector of Land Offices, 
came to Denver to meet Governor Spry during his stop here, 

'Inspector C, R. Trowbridge of the Interior 
Department, who has been in Denver for some time on official 
business, left a few days before the Surveying Service 
convention, much to the regret of a number of delegates to 
the convention who desired to meet him, 

Capt. Hair, the Chief of Field Service, greeted 
many old friends during his visit to Colorado in July, 
Hi's first work as "a Special Agent of the General Land Office 
Was done in Colorado some eighteen years ago, Capt. Hair made 
a number 'of suggestions as to the work of the Denver Field 
Division, which are being promptly carried out, 

Mineral Examiner H,"¥. Macparren of the Cheyenne 
Field Division was in Denver on official business during 
July. 



' Special Agent Morgan ' J. Doyle was also a caller at 
the Denver Field Division office on his way back to the 
Santa Fe Division. 

Many final proofs are being offered on stock-raising 
homesteads this year. As liberal as the provisions of this 
homestead act are, many complaints are being received as to 
careless observance on the part of claimants of the statutory 
requirements about improvements and residence on these 
homesteads , 

The drouth of the past month is working' severe 
hardships on the homesteaders in the western States who are 
using dry farming" methods of cultivating their lands. The 
heavy snows of the early spring, which gave great promise of 
bountiful crops, have been largely dissipated by the dry 
weather of the past five or six weeks. From one-third to 
one-half a ' crop is best that the dry farmer can look for, 
at the present writing. 



*7~ 

C mi CI AL CC RKESPONDEN CE , 

The orderly transaction of the current "business 
of the General- Land Office involves an immense volume of 
correspondence", not only "between this office and our 
officers in the field, but also with public land applicants 
and their attorneys, as we'll as with persons asking for 
general or specific information relative to cur public 
lands, or the official records'. It follows as a matter of 
course that many of our answers are more or less similar in 
character", ultimately resulting in what is known in the 
service as "form letters", which serve' every purpose, and 
at the' same time obviate the useless expenditure of time 
and waste of stationery. 

But in letters of this class, it was recently noted 
that much inprovement might be' made", in' which greater ' 
"brevity and clarity "in expression and uniformity in action 
could be secured," and by which the work of the office 
would be expedited with a consequent, saving to the service. 
With that end in view, the Commissioner appointed a"' 
committee to supervise requisitions for printing, where 
letters of this class are involved, and' there is no doubt 
that the work of the committee has already shown excellent 
results'." Cf course old stock is being used up, but as new 
requisitions are made, the work of revision is taken up. 

Among the changes made, -an apparently small one, 
the removal of the serial number, from the top of the 'first 
page of the letter to a point just preceding the salutation, 
operates as a great time saver in' this office .' Heretofore 
the serial "number of" such letters', where forming "a part of 
an official file, could only be ascertained by the expenditure 
of no little 'time and resulting annoyance. Little matters 
of this kind, while apparently of small importance' in 
individual cases, count up largely in determining the total 
output of the office. 

TTOTTIETH ANN I VER SARY 07 THE RECLAM ATION SERVICE . 

The Issue of the " June number of the Reclamation 
Record is coincident with the twentieth anniversary of 
the Reclamation Service. 

RecraMlion 1902 » President Roosevelt approved the 
Organic / Act T "and set in motion the beneficent scheme of 
federal irrigation of our arid public lands. 



-8- 

Opening with an anniversary message from Secretary 
Fall, outlining policies and prospects , the June Record 
is a notable number, full of instructive information as to 
actual accomplishments of the Service,' accompanied with 
data that cannot fail to prove of great service in the 
subsequent consideration of the many economic questions 
that constantly arise in the work of reclamation, 

ARREARAGES ELIMINATED. 

'Special efforts were made during the year ended 
June' 30,' 1922, to bring up the arrearage of work in this 
office and the result has been very satisfactory. Many 
of the classes of work have been brought up current. By 
current is meant, that the work on 'hand ready for action 
can be disposed of within a' month without counting the 
new cases, or the old' ones coming in for further action, . . 
Other classes of work, however, are somewhat in arrears 
and' employees are being- transferred from the current work 
to that which is behind, so that in the near future it is • 
thought that such arrearage will be eliminated. 

As an instance of the progress made, reference 
is had to the fact that approximately 5,000 more patent's 
were issued during 1922 than in 1921, ' involving an increase 
of the acres disposed of of 2,787,011.81, of this increase, 
2,459,833.40 acres were covered by -entries under the 
homestead laws, making a total of 9,632,635*56 acres 
patented under said laws , thus ' giving title to several 
thousands of American citizens who have spent their time 
and money and in "many instances endured hardships in 
order to have a home for the future. Final homestead 
entries are now acted upon within from thirty toninety 
days after the final certificate has been issued, and it 
is no longer necessary for/^ntryman to wait two years or 
more after having submitted satisfactory final proof for 
his patent. This action has apparently been appreciated 
by the general public .as noted heretofore in the issues 
of the Bulletin. 

AEROPLANE AT HOME ITS ALASKA. 

Under date of July 22, 1922, patent was authorized 
to issue to the city of Anchorage, Alaska, for certain 
blocks and lots set aside and reserved for specific 
municipal purposes of the city. Among the purposes 
covered by this patent is a reservation for "fire protection, 
park purposes, and to furnish a suitable field for aeroplanes 



-9- 

This is the first provision of this character to 
"be' made in the disposition of our public lands, so far as 
called to" the attention of the Bulletin, and ' is a 

significant recognition of the aeroplane service as a public 
utility. . 

PATENTS LARGE AND SHALL; 

'The records kept in the General Land Office of the 
patents issued by the United States, in the conveyance of 
title to public lands, disclose some startling contrasts 
in the matter of the acreage conveyed. In witness whereof 
note the following: 

July 1, 1853, Thomas H. Hoganmade cash entry 
1434, Sault Ste. Marie series ,' Michigan, for "fractional 
Sec". 25, T. 48 N., R. 49 W., .04 acres"; the prrce of the 
land was $1.25 per acre. Mr. Hogan paid the requisite' 
five cents and received a patent for his land April 26,1854. 

December 31, 1838, the United States issued a 
patent to the Cherokee Nation in pursuance of certain 
treaties made in 1828, 1833 ,and 1835 for 14,374,135.14 acres, 

It may be that our records show a smaller patent 
than the one issued to Mr. Hbgan, but if so it has not come 
to our notice; and it may be that other patents have 
included a larger area than the one to the Cherokee Nation, 
but if so the land was not described in acres'. In other 
words, these two patents "are ' apparently at the extremes, 
the smallest and the largest, so far as at pre&ent advised. 

UNITED STATES MAP AT THE BRAZILIAN INTER-NATIONAL CE NTENNIAL 

EXPOSITION. 

The joint resolution of Congress, adopted November 
2, 1921 (42 Stat., 209), "accepted the invitation of Brazil 
to take part in an inter-national exposition to be held 
in Rio De Janeiro in 1922, and the main feature of the 
contribution, on "the part of the Interior Department, to' 
this exhibit is an enlarged facsimile of the General Land 
Office map, which deserves more than a passing notice. 

The dimensions of this map are 10i x 13-| feet 
including the frame. The enlargement from the original 
was made from impressions from the aluminum plates from 



-10- 

which the regular 1922 edition of the map will be printed; 
and as' the plates were made by transfer from the engraved 
copper plate, the results of enlargement were sharp and 
clearly cut. It required thirty- two negatives to make 
the photographic enlargement, these negatives being transferred 
to eight aluminum plates from which the map was printed. 

The work of enlarging, printing and mounting was 
so accurately done that it is difficult to find where the 
several sheets are joined. After the map was mounted it 
was colored by'hand, all features of the General Land Office 
map being followed as to color- and shade of color. The 
map #as mounted on' a stretcher, which after completion was 
taken apart and boxed for shipment together with the 
f r ame , 

Accompanying this map were also five charts, prepared 
arid framed, showing activities - of surveying, disposition of 
land and mineral, with typical township and mineral plats. 

Circular Bo. 302. 

SOLDIERS AND SAILORS HOMESTEAD RIGHTS. 

This circular is a reprint of the regulations Of 
February 20, 1914 (43 L.D., 133), as revised February 16,' 
1922, including regulations in Circular 021. The length 
of this circular prevents its publication in the Bulletin 
but copies can be secured upon application to the 
Commissioner of the General Land Office, 

SCHEDULE OF VACANT LANDS. 

The reports' from the district land officers as 
to the unappropriated lands' in each district at the end of 
the fiscal year have been received and a schedule of 
vacant and unappropriated land is now being printed for 
use in circular forms. 



-11- 

Circul.r.:- i.'o, 835. 

DEPARTMENT OF THE INTERIOR 
General .Land Office 
TTashington 



June 26, 1922. 
ACCOUNTS: Analysis of balance. 

Receivers of Public Moneys and Special Disbursing Agents: 
Sire: 

The necessity for a strict compliance vrith Paragraph 310, Circular 
616 having been emphasised by the failure of come officials to comply there- 
with, it is hereby ordered that in connection with the accounts for the 
quarter ending June 30, 1922, and quarterly thereafter Receivers of Public 
Moneys and Special Disbursing Agent shall carefully verify each item in the 
analysis of balance end furnish in addition thereto a statement showing 
number, name of payee, and amount of checks outstanding as shown by the 
Treasurer's last report. For the use of those who have difficulty in computing 
this analysis the following sample is offered: 

Supposing; the records to disclose that: 

Treasurer's report, first month of quarter, shows balance Cl,000.00 

Placed to official credit, by Treasury warrants or by 

deposits , during last 2 months of quarters 2,000.00 

Checks outstanding, as checked with Treasurer's report 137.50 

Checks issued during 'last two months of quarter 500.00 

Cash (any form of remittance authorized to be received by 
paragraph 72, Circular 616) forwarded for deposit 

but not yet placed to official credit (Form 6599) 123.49 

Money received last day of quarter 57.57 

The required facts would be shovm in the analysis as follows: 

"Deposited with the Treasurer of the United States to official 

credit. " 03,000.00 

(Found by adding the balance shown by last Treasury 

statement] £1*000.00, to deposits to official credit 

not incluledtherein, to end of quarter, £2,000.00 



(OVER) 



-12- 
"Less outstanding checks" $5637. 50 

(Composed of: 

Check No. 3, Jan. 22, 1920, John Doc 047.50 

Check No. 27, S e pt.l5, 1920, R. Roe 25.00 

Check No. 23, Sept .' 15, 1920, S. John 30.00 

Check No. 99, Jan. 25,1922, ',7m. Small 35.00 
Outstanding per Treasurer's report, 137.50 
Checks 239 - 254, Feb. 1, Mar. 31, 500 . 00 
Total as above C37. 50 

Net depositary balance (which should agree with check book 

balance) $2, 362*50 

"Cash on hand (in office safe)" 57*37 

"Cash in transit to depositary 125.. 49 

"Total". $2,543*26 

(■which should agree with admitted balance shown in debits 
on account current). 

Checks drawn against a fiscal officer's official account, either 

for the purpose of applying money under paragraph 86, Circular 616, or for 

depositing unexpended balances, are included in "outstanding checks" and 

are not to be reported as "cash in transit". They are not cash. 

lien the Treasurer's report for the last month of a quarter is 

received after the account for that quarter has been transmitted, the 

fiscal officer will immediately make and transmit a new analysis of his 

balance in accordance with paragraph 310, Circular 616« 

Very respectfully, 

T7ILLIAM SPRY,'. 

Commissioncr. 



4324 



-13- 
Circular No. 836, 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



June 21, 1922. 



Officers and employees and their wives not to be 
interested in disposition of the public lands. 
Regulations amended so as to include leases, 
permits or any form of application. 

To all officers, clerks and employees of the General Land Office 
at "./'ashington or elsewhere, 

1. Your attention is called to Section 452 Revised Statutes, which 
reads as follows: 

"The officers, clerks, and employees in the General Land Office are 
prohibited from directly or indirectly purchasing or becoming interested 
in the purchase of any of the public land; and any person who violates this 
section shall forthwith be removed from his office." 

2. Departmental circular of September 15, 1390 (11 L.D. 348), 
stated that said section applied to all officers, clerks, and employees in 
the offices of the surveyors general, the local land offices, and the 
General Land Office, or any person wherever located or employed, under the 
supervision of the General Land Office, 

3. Departmental circular of May 12, 1906 (34 L.D.,605), extended 
the regulations of February 15, 13S0, so as to include the "ives of officers 
end employees. 

4. The Supreme Court of the United States, in the case of ".'."askey 
vs. Hammer, 223 U.S., G3, referred with approval to the Departmental 
instructions, and held that: 

"The term 'purchase 1 is inclusive of the various modes of securing 
title to or rights in public lands under the general laws regulating their 
disposal*" 

5. Said circulars of February 15, 1890, and May 12, 1906, are 
hereby amended so as to apply to the Act of February 25, 1920 (41 Stat., 
437), and all other acts whereby and ^hereunder any claim or interest 
whatsoever in and to the public lands is sought by sale, entry, selection, 
location, lease, permit, license or any other form of application, 

7,'ILLIAM SPRY, 

Commissioner. 

Approved: June 21, 1922, 
E. C. FINNEY, 

Acting Secretary, 



-14- 
Circular N . 836^ 

DEPARTMENT GP THE INTERIOR j 

General Lend Gffice 
Washington 

June 29, 1922. 

Regulations. Colville Indian Reservation,. 
Opening lands to entry. 

Register and Receiver, " 

Spokane, Washington, 

Sir: 

February 12, 19&Q % "the Department approved the reclassifica- 
tion as non-mineral, of certain lands within the south-half of 
the former Cdlville Indian Reservation." 

Complaints were made that raahy tracts classified as mineral 
were non-mineral. A re -examination and reclassification seemed 
desirable, 'and same 'was made in 1920, 

On November 23, 1921, the Secretary of the Interior approved 
the said re-examination and re-classification as recommended by 
this office by letter of November 5, 1921. 

The 'said lands are subject to disposal under the act of 
•larch 22, 1906 (34 Stat., 80 ), and the President's proclamation 
of May 3, 1916 (39 Stat., 1778). 

Where mining claims are on lands formerly classified as 
mineral whether or not a mineral survey has been made, and is 
or is not shown as a segregated survey on the plats, applications 
for such' land reclassified as non-mineral may not be allowed, 
as to such portions as ' are in fact mineral in character, nor 
as to portions claimed, occupied, and being worked under the 
mining laws for valid mining claims. As to applications for 
patent for claims under the mining laws' 'your attention is again 
directed to the instructions in 36 L.D.,409. 

Persons qualified to make homestead entry who have performed 
military or naval service during the' war with Germany and who 
are honorably discharged or separated from the serx r icc or placed 
in the regular army or navy reserve are by the act of February 
14, 1920, as amended, given a preferred right to make' homestead 
entry for ninety days prior to" the opening of the lands to entry 
to other applicants. 

The preference period provided for by the said law will 
commence at 10 A.M., on Aug. 21, 1922, and will end Nov. 18, 1922. 

From August 21, 1922 to November 13, 1922, both date's 
inclusive, the lands may be entered only under the homestead 
laws and only by ex-service men of the war with Germany who have 
been honorably discharged or separated from the service or placed 
in 'the regular army or naval reserve; provided that from July 
31, 1922 to August 21, 1922, both dates inclusive, applications 
may be presented by such persons under said laws, such 
applications to be treated as simultaneously filed and disposed cf 
before action is taken on other preference applications* 



~-io- 



The lands, if any, not disposed of during such period 
will become subject to appropriation under any applicable law 
including settlement under the homestead law in ' advance of 
entry'by any qualified person on December 11, 1922, and not 
before then, provided that from November 20, 1922, to '.December 
9, 1922, both' dates ' inclusive, 'any qualified person may' present 
applications to be treated as simultaneously filed and disposed 
of before action is taken on other non-preference applications. 

In the event that conflicts appear between applications 
treated as simultaneously filed as herein provided, drawings 
will be held to determine the order in which the conflicting 
applications will be taken up for consideration. 

Acknowledge receipt of these regulations giving them 
all the publicity possible without expense to the government 
by furnishing copies thereof for publication as an item of 
news to the various newspapers in your district. You will also 
post a copy of the same in your office and transmit a copy to 
the postmaster nearest the land for posting in his office. 

The list of re-examined and reclassified lands is 
inclosed herewith. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner, 



APPROVED: June 29, 1922. 
E. C. FIFilEY, 

Eirst Assistant Secretary, 



*16- 

Circular Ho. 838. 

DEPARTMENT OF THE INTERIOR, 
General Land Office 
" "a ^ nashington 



July 8, 1922, 



Instructions in re. 
reclamation entries. 



Registers and Receivers, 

U. S. Land Offices- 
Sirs: 



Your attention is invited to instructions issued under date 
of April 16, 1910 (58 L.D., 575), authorizing you to furnish the 
proper State authorities lists of entries made for lands in their 
districts, upon which final certificates have issued, for purposes 
<S£ taxation. 

If, in compliance -with requests from such authorities, you 
have also been furnishing a list of reclamation homestead entries upon 
which this office has accepted final proof of residence, cultivation 
and improvements as required by the ordinary provisions of the 
homestead law, you will discontinue this practice and, upon the receipt 
of such a request in the future, advise the authorities that on 
March 20, 1922, the U. S. Supreme Court, in the case of Irwin v. Aebb, 
County Treasurer, et al, held that lands in reclamation homestead 
entries arc not subject to taxation until final certificate has issued 
upon the entry. 

These instructions are not intended as a modification of the 
instructions dated April 16, 1910, but as merely additional thereto 



and supplementary thereof. 



Very respectfully, 

A1LLIAM SPRY, 



Commissioner, 



APPROVED: July 8, 1922, 

E. C. FINNEY, 

First Assistant Secretary, 

(4360) 



-17- 
Circular PTO.S39 

DEPARTMEM OF £HB INTERIOR 
General Lnd Office 
Tr.shington 



July 19, 19 ~2. 
: Relative to p nding cases, 



Registers end Receivers, 

U. 3. Lend Offices. 

Sirs: 

Among the thousands of cases handled each year by the General 
Lend Office, it occasionally happens, even with the greatest of care, 
that final action is delayed in connection with cases because of the 
files becoming misplaced. In such ..n occurrence, in the absence of 
specific inquiry, it often happens that the cr.se Trill lay dormant 
without action until at some time the party in interest calls attention 
to the delay in adjudication of the case. 

The present adminictr. tion is endeavoring to make final 
disposition of the older case:,, to the end that the General Land Office 
may reach the point where we may be said to be current with our work. 
It is my pleasure to request your co-operation in this work, and to 
suggest to you, v/r ill find a case, or any number of cases arising 
in your office. whieh hav< been pending in this office an unreasonable 
lcr. ; ;uh o2 timoj that you write us calling attention to the delay, 
with such, eomnent as you. may think proper. I.Iay I ask r.lso that prompt 
action be had on all cases requiring your consideration. 

I assure you that upon receipt of such communications, this 
office -..ill endeavor to expedite action at the earliest opportunity. 



Very respectfully, 

GEO. R. "7ICKHAM, 

^cting ^ommiFP-ioncr, 



4579 



-18- 

TOWNSITE EITTRIES AND TOWN LOT SALES. 

Some appropriations of the public lands for towns ite 
purposes in the past year are worthy of note, found as they 
are from '."Alaska on the north, to Florida and Louisiana on 
the south. Among' the" hew townsites created' recently on the 
public domain is the town's ite of Harding, located' just north 
of Miami, ' Florida", fronting on the Atlantic Ocean, and named 
in honor of President Harding shortly after his return from 
Florida at the beginning of his administration .' 

Conspicuous as a quickly established and opened 
towns ite by the government is the townsite of Veteran, Wyoming, 
located within 'the'North Platte irrigation project. This 
townsite, which was given the' name of Veteran, because those 
who first' settled upon or became active in'the establishment 
of the' same were" veterans of the world war, was recommended 
to be established by the Director of the Reclamation Service 
on' May 20, 1922, and within 'less than 5 weeks thereafter the 
survey was approved, instructions for 'the appraisal and sale 
of the' townsite were issued, the appraisal by' three 
disinterested local appraisers made, and public sale of the 
lots in. the townsite was held,- at which 38 lots were sold 
for the aggregate sum of 05,835.00, the sale being held June 
27, 1922, at the" townsite. It is noted that two women were 
among the first' purchasers of the town lots. 

Townsites have also been surveyed and' public sales 
have been ordered' for the month of August, 1922, in the 
States of Montana,' Idaho,' and California. A final public 
sale of town lots was held in the town of Omak, State of 
Washington, on June 15, 1922, aggregating the sum of $5,27 7. 

"The" 'townsite 'of Bonita, Louisiana, was approved 
for patent May 5,' 1922. 

"•' "While some extensions have been granted of the 
deferred payments 'in different townsites" in reclamation 
projects and Indian ' reservations, owing to financial conditions, 
yet the" number of ' town lots upon' which' "final payments have 
been' made and certificates issued and approved, for patent 
during the fiscal year is 1,846. 

The trust for the ■ towns i'te of Fairbanks, Alaska, 
has" been practically closed, as 'the' final public sale was 
hold at Fairbanks June 15, 1922, and all the unsold, unreserved 
town lots offered for sale. The Chief of Field Division, the 
trustee, reports that there is a balance after deducting all 
expenses of ' administration' and other expenditures of about 
$7,200, which may be turned over to the town of Fairbanks. 



-19- 
RECENT DECISIONS GF THE COURTS. 
Public Water Cours es- -Inters t at e - A pprp-pr i at ion . • 

The decision of the United States Supreme Court in" 
the case of the State of Wyoming against the State of Colorado 
et al, rendered June 5, 1922, involvedthe consideration and 
decision of some of the most important questions remaining to 
be settled under our several statutes providing for the 
reclamation of public lands. This case was instituted' in 1911, 
as an original suit in the United States Supreme Court, by the 
State of Wyoming against the State of Colorado, and two 
Colorado corporations, to prevent a proposed diversion in 
Colorado of part of the waters of the Laramie River, an 
interstate stream. In' the progress of the suit a large mass 
of testimony was taken, and at the suggestion of the court 
the United States participated in the proceedings. 

The importance of this decision demands greater 
notice than can be accorded in the Bulletin; only a few of 
the more outstanding propositions are covered by the present 
note. 

In the preliminary discussion the court commented 
on its decision in the case of Kansas against Colorado 
(206 U.S. 46), and distinguished the issues in that case from 
those in the one under immediate consideration; one of which 
was' that in the former case the controversy was between two 
States, one recognizing generally the common lav/ rule of 
riparian rights, and the other the doctrine of appropriation, 
but that in the present case the controversy is between States 
in both of which the doctrine of appropriation has prevailed 
from the time of the first settlements, and has been 
recognized and sanctioned by the United States, the owner of 
the public lands. 

The court held among other things: 

1. The contention of Colorado that she'as a State 
rightfully may divert and use as she may choose, the waters 
flowing within her boundaries in this interstate stream, 
regardless of any "prejudice that this may work' to others 
having rights in the stream below her boundary, cannot be 
maintained. The river throughout its course in both States 
is but a single stream wherein each State has an interest 
which should be respected by the other. 



-20- 



2.' The objection of Wyoming to the proposed diversion 
on the' ground that it is to another water shed from which 
she can receive no "benefit is also untenable. The fact that 
the diversion is' to such a water shed has a bearing in another 
connection, but does not in itself constitute a ground fur 
condemning it. In neither State does the right of appropriation 
depend on the 'place of use being within the same water shed. 
Diversions from one water shed to another are commonly made 
in both States and the practice is recognised by the decision 
of" their courts, 

3. The doctrine of appropriation as ' a basis for a 
decision between the two States is recognized, in which the 
cardinal rule of the doctrine is. that priority of appropriation 
gives superiority of right. Each of these States applies and 
enforces this rale in her own territory, and is the one to' 
which intending appropriators naturally would turn for guidance. 
The principal upon which it proceeds is not less applicable 
to interstate streams and controversies than to others. Both 
States pronounced the rule just and reasonable as applied to 
the natural conditions in that region, and to prevent any 
departure from it the people of both incorporated it into 
their constitutions. It originated in the customs and usages 
of the' people before either State came into existence, and 
the courts of both hold that their constitutional provisions 
are to be taken as recognizing the prior usage rather than 
as 'creating a new rule. These considerations persuade us" that 
its application to such a controversy as is here presented 
cannot be other than eminently just and equitable to ' all 
concerned. 

Gra nt to State in Aid of Schools and For Other Purposes. 

The grant of lands, sections 16 and 36, for common 
school purposes, section- 13 for the support of higher 
institutions of learning, end section 33 for public buildings, 
1 .he State of Oklahoma, and the acceptance of such lands 
by the State by express provision of the constitution, 
constitutes a complete contract and compact between the 
Government of the United' States and the State, and supersedes 
all previous acts, rules, and regulations in conflict 
therewith. 

i lil hority of the State to Control Grant. 

upon 

The enabling act did not impose/ the State of ' Oklahoma 
the obligation to sell the grant lands , or any of them, but 
merely provided that if sold they should be sold in the manner 
provided for' in the grant, and as accepted by the constitution. 

Magnolia Petroleum Company e_t _al. v. Price e_t al . 
(206 Pac. Rep., 1033) . 



-21- 

Un surveyed Public Lands, 

Uhsurveyed lands ere not "public lands"', within the 

intent and meaning of the law, sc as to "be subject to sale,' 
entry or disposal; and a settler on such lands has no vested 
right thereto, but only' a preferential right' to enter in the 
event that the United States makes no other disposal of the 
lands before they are opened to entry. 

Douglas v. Rhodes, 2G0 Fed. Rcp.,pagc 230. 

Ki n i n g C 1 a i it. - - Lo c at i^ r IT o t Ice, . 

The recitals in the recorded claim control as to 
the' distances a locator claims on cither side from the point 
of discovery of a quarts location .along the course of the 
vein, in the absence of actual knowledge cf the position of 
the location of the corners. 

(Supreme Court of Montana). Thompson' v. ' Barton 
Gulch Mining Company (207 Pac. Rep., 108), 

B oundaries --Survey Corners . 

The true corner of a section is where it is placed by 
the government surveyor, and when known it controls corners, 
distances, and the calls of the official field notes. An error 
in the location of a section corner, however, plain, is not 
subject to correction by the courts, which must leave the corner 
where the government surveyor established it. 

(Supreme Court of Washington) . Puget Mill Company 
v. ITorth Seattle Improvement Company et al. 
(206 Pac. Rep., 954) . 

Navigable V/aters Abandoned Channel. 

The law of 1921, relating to sale and conveyance, in 
certain cases of abandoned channels of navigable streams 
misconceives the effect" on title to the bed of the stream by 
a change of channel, and the provision for distribution of 
proceeds of such sale is void, 

( Supreme Court of Kans as) • 

State vs» Turner; 207 Pacific Rep., 223. 



-22- 

DEPARTMENT OF THE INTERIOR 

General Land Office 

Washington 



PUELIC LANDS RESTORED TC HC1WESTE.J0 ENTRY AND OTHER 
DISPOSITION BY PROCLAMATION, EXECUTIVE OR DEPARTMENTAL 
OPDER . 



Preference Rights to Ex-Service Men cf the "Tar with Germany. 

General Method of Opening: 

By virtue of Public Resolution No. 29 of February 14, 1920 (41 Stat., 
434), as amended by public Resolution No. 36, approved January 21, 1922, hereafter 
and until February 15, 1930, when any surveyed lands within the provisions of 
the public resolution are opened or restored to disposition under the authority 
of the Department, such lands, unless otherwise provided in the order of 
restoration, shall become subject" to appropriation under the laws applicable 
thereto, in the following manner, and not otherwise. 

Lands not affected by the preference fights conferred by the acts of 
August 18, 1894 (28 Stat., 394), or June 11, 1906 (34 Stat., 233), or February 
14, 1920 (41 Stat., 407), will be subject to entry by soldiers under the 
homestead and desert-land laws, where both of said laws are applicable, or under 
the homestead lav; only, as the case may bey for a period of 91 days, beginning 
with the date of the filing of the township plat in the case of surveys or 
resurveys, and with the date specified in the order of restoration in all other 
cases, and thereafter to disposition under all of the public land laws, applicable 
thereto, except where homestead entrymen are granted a prior preference period 
under the order. For a period of twenty days and for a like period prior to the 
date or dates such lands become subject to entry by the general public, soldiers 
in the first instance, and any qualified 'applicants in the second, may execute and 
file their applications, and all such applications presented within such twenty- 
day periods^ together with those offered at nine o'clock a.m., standard- time, on 
the dates such lands become subject to appropriation under such applications, shall 
be treated as filed simultaneously. 

Unsurvcyed lands are not subject to homestead or desert-land entry. A 
homestead entry may embrace 160 acres, or an approximation thereof, and where, the 
land;; are of the ch-.racter contemplated by the 320 or 640 acre homestead acts, 
applications for the unappropriated lands may be filed by c.ualificd persons, 
under cither of said acts; accompanied by proper petitions, if undesignated, for 
the designation of lands thereunder, and such applications will be suspended 
pending determination as to the character of such lands. 

The following are restorrtiens or openings which "will occur in the 
near future and concerning which further information may be obtained from the 
local offices: 



-23- 

(272) 

MONTANA: 

FROM RECLAMATION WITHDRAWAL. 

About 2,000 acres in Teton County, Great Falls 
land district, will be opened to homestead and desert- 
land entry "beginning August 22, 1922, to ex-service men cf 
the World War subject, however, to valid prior settlement 
and preference rights. Filings may be presented' during' 
the 20 days preceding that date or from August 2, to 21, 
1922, inclusive. Any lands remaining unentered will be 
subject to .homestead entry only by the general public for 
the 21 -day period from November 21 to December 11,' 1922, 
inclusive J filings may be presented during the 20' days 
preceding; that is , from November 1 to November 20, 1922, 
inclusive. If any land remains unentered on December 12, 
1922, it will be opened on that date to settlement and all 
proper forms of entry and .selection by the general public. 
Practically all of the lands are covered by oil and gas 
applications and therefore any successful applicant for 
such land will be required to file an oil and gas waiver 
in favor of the United' States in accordance with the acts 
of' Congress of July 17, 1914 (38 Stat., 509), and February 
25, 1920 (41 Stat., 437). The town of Fairfield appears 
to be ithe nearest post-office. The lands are restored from 
reclamation withdrawal and accordingly it would appear that 
no" water for irrigation purposes will be available from a 
federal reclamation project. 

(273) 

CALIFORNIA: 

FROM RECLAMATION WITHDRAWAL. 

About 77,000 acres in Madera and Fresno Counties, 
Sacramento ' land, district, are restored from reclamation 
withdrawal, but of this area it is estimated that only 
about 10,000 acres are subject to entry, the balance of 
the land having been heretofore appropriated. This area 
will be opened to homestead and desdrt land entry beginning ' 
August 22, 1922, to ex-service men of the World War, subject, 
however, to valid prior settlement and preference rights. 
Filings may be presented during the twenty days preceding 
that date, or from August 2, 1922 to August 21, 1922, 
inclusive. Any lands remaining unentered will be subject 
to homestead entry only by the general public for the 21- day 
period from November 21 to Dec. 11, 1922, inclusive; 



-24- 

filingsmay be presented during the twenty days preceding; 
that is, from November 1 to 20, 1922, • inclusive . If any 
land remains unentered on December 12, 1922, it will be 
open on that date to settlement and all proper forms of entry 
and selection by the general public. The lands are in the 
vicinity of the towns of Madera and Sesame on the -Southern 
Pacific Railroad*' 

(274) 
UTAH: 

FROM FOREST RESERVATION. 

3y Executive Order of July 10, 1922, approximately 
12,911 acres in Utah, chiefly surveyed, were excluded from 
the Fillmore National Forest because of the low value thereof 
for forest purposes. Ten thousand one hundred and eleven 
acres of' these lands in Millard, Sevier, Juab and Beaver 
counties, in the Salt Lake City land district, are open to 
homestead and desert-land entry for ninety-one days , beginning 
September 11, 1922, by ex-service men of the World War. 
Filings may be presented within the twenty-day period' prior 
to that date, or from August 22 to September 10, 1922, 
inclusive. On and after December 11, 1922, any of these' lands 
that remain unentered, together with the unsurveyed lands 
involved amounting to about 1,600 acres, will be subject to 
general disposition, that is, to appropriation under any 
applicable land lav; by the 'general public. The restored areas 
are in scattered tracts, 2,024 acres have been designated under 
the Enlarged homestead law, and it is reported that they are 
principally valuable for grazing purposes. The preference 
granted ex-service men in this restoration is subject to 
prior valid settlement rights and equitable claims. 

(275) 

IDAHO: 

FROM STOCK DRIVEWAY WITHDRAWAL. 

2,007 acres in Blaine Oounty, Hailey land district, 
open to entry under the homestead and desert land laws by 
ex-service men of the war with Germany for a period of ninety- 
one days, beginning August 8, 1922. Filings may be presented 
during the ' twenty days prior to that date. On and after 
November 7, 1922, any of such lands remaining' unentered will 
be open to appropriation under any public land law applicable 
thereto by the general public. The lands are released from 
driveway withdrawal and near the Sawtooth National Forest 
and grazing in character. The preference accorded ex-service 
men in this restoration is subject to prior valid settlement 
rights and equitable claims. 



(276) 
OREGON: 



•25. 



PROM STOCK DRIVEWAY WITHDRAWAL, 



4,236 acres in Malheur County, Vale land district, 
open to entry under the homestead and desert land laws by 
ex-service men of the war with Germany for a period of ninety- 
one days , beginning August 8, 1922. Filings may be presented 
at any time during the* twenty days prior to that date. On and 
after November 7, 1922, any of such lands remaining unentered 
will be open to appropriation under any public land A iftj'li cable 
thereto by the general public. The lands are released from 
driveway withdrawal, chiefly designated under the enlarged 
homestead law, and reported to be rolling hills chiefly 
valuable for grazing purposes. The preference accorded ex- 
service men in this restoration is, subject to prior valid 
settlement rights and equitable claims. 



(277) 

NEW LIE XI CO 



LANDS OPENED TO ENTRY. 
After approval of lieu lands to the State 



The following' lands (all surveyed), Santa Fe and 
Rbswell land districts, open to homestead and desert land 
entry beginning August 15, 1922, for a period of 91 days 
to ex-service men of the World War, subject, however, to 
valid prior settlement rights, or equitable claims recognized 
by cxi: 

Santa Fe Land District: 

Subdi visions . 

swi 

N^ 

SEi SWi, SEi 

Roswell Land District: 

3 S. 13 E. 32 NEi SE J ;, frl. 

NEi (196.80 acres.) 

Filings may be presented daring the 20 days preceding that 
date or from July 26 to August 14, 1922, inclusive. Any land 
remaining unentered after the expiration of the 91 days, that 
ii .-■inning November 14, 1922, will be open to appropriation 

under aay applicable public land law. 



sting 


laws : 








Santa 


Fe Land District: 




T. 




Rs. 


Sec 


12 N. 




1C w. 


2 


22 N. 




1 w. 


16 


13 N. 




1 P w 
Total *6 80 acres. 


2 



-26- 

GPENING GF LMDS ORIGINALLY CLASSIFIED AS MINERAL WITEIN 

THE SOUTH HALF GF FGRM3R CGLVILLS INDIAN RESERVATION. 



Gri November 23, 1921, the Secretary approved the 
reclassification as non-mineral of approximately 21,000' acres 
of land within the south half of the former Colvilie Indian 
Reservation, Washington, formerly classified as grazing-mineral, 
Regulations approved by the Department on June 29, 1922, 
provide for the opening of the lands to entry and allow 
ex-service men a 9l-day preference right. to enter the lands 
commencing August 21; 1922. Applications, to be treated as 
simultaneously filed, may be- received from such persons 
between July 31 and August 20, 1922. The land will become 
subject to entry by any qualified persons under applicable 
laws on December 11, 1922. 

S TATUTORY LIMITATIONS IN CRIMINAL CASES EXTENDED. 

The act of November 17, 1921, (42 Stat.', 220 ),' 
amends Section 1044 of the Revised Statutes of the United' 
States relating to limitations in criminal cases, 'cut at the 
time of its passage the Bulletin failed to note that it 
was applicable to Offences committed against our public land 
laws, and hence did not call attention thereto at the time; 
it is now printed in order that our Field Service may be 
fully advised as to its provisions: The Act follows: 

That Section 1044 of the Revised Statutes of the 
United States be amended so as to read as follows:' 

"Section 1044 ,no ' person shall be prosecuted, 
tried or punished for any offence not capital, 
except as provided in Sec. 1046, unless the 
indictment is found or the information is 
instituted within three years next after such 
offence ' shall have been committed: Provided t 
Howe ver. That in offences involving the 
defrauding or attempts to defraud the United 
States or any agency thereof, whether by 
conspiracy or not, and in any manner and now 
indictable under any existing statute, the 
period of limitation shall be six years. This 
act shall apply to acts, offences or transactions 

Lere the existing statute or limitation has not 
yet fully run, but this proviso shall not apply to 
acts, offences or transactions which are already 
barred by the provisions of existing laws." 



27- 



Sec. 2." That this act shall be in force and effect from and 
after the date of its passage. Approved November 17, 1921. 



OIL AND GAS ACTIVITIES. 

Daring the month of July, 293 new applications for 
permits under sections 13 and 20 of the Act of February 25, ^ 
1920 were received; 1^447 applications were given consideration, 
of which number 'final disposition was made of 7 30, by 203 
permits granted, 107 applications finally rejected and closed, 
66 rejected in part, 232 rejected subject to the right of 
appeal, 27 transmitted to the Secretary on appeal. On cases 
heretofore appealed, decisions in the Department were rendered, 
resulting in 16 cases being affirmed, 8 reversed and G modified. 
The Secretary also approved 11 assignments of permits. 
Preliminary action was taken on 535 applications, 160 applications 
for extensions of time were granted. 'Seven permits were 
canceled, one permit canceled in part, 15 entries wore canceled 
and two entries wore reinstated. 

Relief Sections . 

During the month of July supplemental showings were 
required on 60 applications for preferential permits, 20 
applications for "permit and two applications for lease were 
recommended for approval, 29 .applications were rejected 
subject to right of appeal, one appeal was sent to the Secretary, 
and 32 applications were finally rejected. Five decisions 
were received from the Department of which four affirmed 
decisions of this office and one reversed' o ffice decision. 
Four assignments of permits were approved, one sales contract 
was approved and one denied. Extension of time was allowed in 
five cases and denied in one. Nine mineral applications were 
finally rejected. 

Receipts under the mineral leasing' act for the 
month of June were $558,220.89, of which 15556,003.87 was from 
lands outside of naval petroleum reserves and £2,217.02 from 
lands within such reserves. 



-28- 



CGNSGLI DATED WORK REPORT OF LOCAL LAND OFFICES FOR MONTH OF JUNE, 

1922. 



F F I C E S 



: End Last Month 


Received and 


End 


This Month 








Disposed of 








: Pend- 


: Sus - 


Pen- 


Rec'd 


Tran- 


Nov; 


:Now 


Pend- 


: ing 


rpend- 


ding 


in 


smit- 


pend- 


:sus - 


ing 


: do- 


:ed 


unac- 


this 


ted 


ing 


:pen 


unac- 


: sig- 


: re'j'ec- 


ted 


month 


to 


de- 


:ded 


ted 


: na- 


rted 


on 




GLO 


Slg- 


: re- 


on 


: tion 


rother- 


fcy 




this 


na- 


po- 


t>y 




:wise 


R&R 




month 


tion 


rted 
rother 


R&R 




; 










•.wise 





Alabama 

Montgomery 




Alaska 




Fai r "banks ( a ) 




Juneau 




Nome (a) 




Arizona 




Phoenix 


280 


Arkans as 




Camden 




Harrison 




Little Rock 


2 


California 




El Centro 


10 


Eureka 


40 


Independence 


56 


Los Angeles 


59 


Sacramento (a) 




San Francisco 


147 


Susanville 


34 


Vis alia 


35 


Colorado 




Pel Norte 


81 


Denver 


192 


Durango (a) 




Glenwood Springs 


; 323 


Hugo (a) 




Lamar 


: 108 


Leadville 


62 


Montrose 


: 291 


Puehlo 


: 355 


Sterling 


26 


Florida 




Gainesville 





: 23 : 


13 


13 




23 : 


: 161 : 


43 : 


40 




16 4 : 


: 309 : 


413 . 


341 : 


339 


322 : 


: 21 : 
: 30 : 
r 107 : 


13 
24 
29 ' 


15 

40 : 
43 : 




19 : 

14 : 
95 : 


: 12 : 
: 1 : 
: 89 : 
: 162 r 


54 

18 ' 

60 : 

168 : 


28 

17 

56 

157 


10 
39 
60. 
63: 


38 : 

3 : 

89 : 

169 : 


: 65 : 
: 17 r 
r 42 : 


86 : 
48 : 
18 • 


91 

48 
31 


155 
35 
36 


52 : 
16 : 

28 : 


: 13 : 
r 52 r 


■84 
68 : 


69 
43 : 


87- 
201 


22 : 

68 : 


: 243 : 


245 


257 


338 


216 : 


: 103 : 

: 41 : 
: ■ 89 : 
: 300 : 
: 15 : 


144 

38 

120 

177 

47 


225 
-31 

165 : 
256 ■ 

46 


82 

60 

255 

351 

28: 


48 : 

50 : 

80 : 

225 : 

14 : 


: 17 : 11 


77 


75 




24 : 



-29- 



I daho 
Blackfoot : 
Boise : 

Coeur d'Alene 
Hailey 
Lewis ton 

Kansas 
Topeka ' 

Louisiana 
Baton Rouge 

Michigan 
Marquette 

Minnesota 
Cass Lake 
Crooks ton 
Duluth 

Mississippi 
Jackson 

Montana 
Billings 
Boz'emah 
Glasgow 
Great Falls 
Havre' : 

Helena ' : 
Kali spell :' 
;le .vis to dp (a 
Miles' City 
Missoula 

Nebraska' 
Alliance 
Broken Bow 
Lincoln 

Nevada 

Carson City 
Elko : 

JJew Mexico : 
Clayton : 
Ft. Sumner: 
Las Cruces( 
Rb swell 
Santa Fe 
' Tucumcari 

North Dakota 
Bismarck 
Dickinson 
Williston(a) 

Oklahoma : 

Guthrie : 

Oregon : 



216 

173 

3 

69 

16 

30 



8l 

147 
267 
33 
140 
198 
1 

433 
32 

33 

24 

1 

19 

30 

68 
71 
.) 

115 

310 

50 

18 
54 



61 



: 122 : 26 


: 176 


: 141 


: 26 9 


: 128 : 


: 138 : 


: 151 


. 213 


: 16 2 


: 37 : 


: . 24 : 


: 15 ■ 


14 


: 3 


• 25 : 


: ' 140 : 


60 


49 


69 


151 : 


: 7 : 


16 


13 


16 


10 : 


: 13 : 2 


31 


27 


33 


14 : 


: 56 : 


26 


35 




47 : 


: 11 : 


15 


14 : 




12 : 


: 25 : : 


27 


26 : 




26 : 




12 . 


15 ' 




6 : 


: 34 : : 


38 


37 : 




35 : 


: 5 : : 


10 : 


15 : 






: 177 : ; 


33 : 


26 ■ 


87 : 


178 : 


: 95 : : 


66 


71 : 


145 ' 


92 : 


: 148 : : 


183 : 


195 : 


255 : 


148 : 


94 : : 


115 : 


83 : 


37 . 


122 : 


: 134 : : 


140 : 


131 : 


147 : 


136 : 


: 84 : : 


128 : 


118 : 


212 : 


80 : 


: 15 : : 


29 : 


25 : 


1 : 


19 : 


232 * 


319 : 


324 : 


425 


235 : 


: 18 : : 


42 : 


41 : 


35 : 


16 : 


: 11 : : 


37 : 


42 ': 


33 : 


6 : 


: 5 : : 


5 : 


6 : 


24 : 


4 : 


: 4 : : 


.3 : 


4 : 


1 : 


3 : 


: 118 : : 


81 : 


88 : 


21 ! 


109 : 


: 85 : : 


24 : 


56 : 


30 : 


53 : 


: 32 :* : 


-51 : 


43 : 


73 : 


35 : 


: 99 : : 


67 : 


86 : 


71 : 


80 : 


: 155 : : 


192 : 


239 : 


122 : 


101 : 


: 321 : : 


27 5 : 


334 : 


308 : 


264 : 


16 : 1 : 


39 : 


53 : 


36 : 


17 : 


: 31 : : 


'; 21 ': 


21 : 


18 : 


31 : 


: 18 : 


35 : 


33 : 


57 : 


17 : 


: 18 : : 


51 : 


57 : 


63 : 


10 : 



■ 30- 



Burns" 


; 67 


Lagrande 


: 1-00 


Lake view 


: 67 


Portland 




Ro'sehurg 


! 2 


The Dalles 


234 


Vale ' ' 


93 


South Dakota 




Be lie four che 


17 


Gregory (a) 




Lemmoh 


62 


Pierre 


60 


Rapid' City 


117 


Timber Lake 


33 


Utah- 




Salt Lake Citj 


r 628 


Vernal 


37 


Washington 




Seattle 


13 


Spokane 


37 


Vancouver 


5 


Walla "Walla 


42 


Waterville 


89 


Yakima 


19 


Wisconsin 




Wausau : 




Wyoming : 




Buffalo 


130 


Cheyenne 


199 


Douglas : 


123 


Evanston : 


97 


Lander : 


110 


'Newcastle : 


219 



: 14 


: : 59 


: 47 


: 70 


: 23-: 


: 218 


: : 61 


: 40 


: 103 


: 236: 


: 34 


: : 26 


: 20 


: 72 


: 35: 


3 


: : 43 


: 42 




: ' 4: 


: 38 


: : 68 


: 55 


! - 2 


: 51: 


: 45 


: : 89 


: 15S 


: 168 


: 48: 


: 55 


: : 55 


: 40 


104 


59: 


: 21 


! : 67 


77 


: 3 


22: 


: 30 


: : 54 


! 62 


-52 


32: 


: 36 


: : 15 


29 


60 


22: 


: 63 


: : 89 


74 


116 . 


79: 


: 30 


: 77 


89 


29 


22: 


: 294 


: 287 • 


240 




969: 


: 19 


: 34 


28 : 


33 


29: 




: 3 


■8 : 




13: 


: 34 


: 44 


49 : 


36 : 


30: 


: 9 


: 14 


6 : 


5:: 


17: 


: 7 


: -B9 ' 


24 : 




--9 : 


: 62 


: 161 . 


162 : 


87 : 


63: 


: 11 


: 8 


9 : 


19 : 


10: 


: 6 


: 9 : 






,6: 


: 104 


: 200: 


214 : 


135 : 


85: 


: 309 


: 378" 


236 : 


259 : 


391: 


: 234 


.52 : 402 


331 : 


132 : 


317: 


: 26 5 


1 : 114: 


99 : 


135 : 


242: 


: 106 « 


: 108: 


142 : 


118 : 


64: 


: 115; 


: 244: 


206 : 


237 : 


135: 



45 



31 
1 



TOTAL 



7403 



6559: 



7243: 7252 : 6867 : 7089: 90 



Note (a) No Report received from these offices for month of 
July. 



31- 



JGHN W. SANDERSON RETIRES FROM THE SERVICE. 

Monday evening, Augus't 1st, at the clone of office 
hours, the associates of Mr. Sanderson gathered in the 
Commissioner "s room to hid him an official 'farewell. With 
kindly words 'of ' appreciation of his notable service, and 
regret at his going; with a gift of flowers and a rare bit 
of personal 'Jewelry, the little function was at an end; 
but not so the" effect of his work. He retires voluntarily, 
after a continuous service of' fifty years in the Public 
Lands Division of this office, where his work has largely 
contributed to the successful administration' of the 

ad and other ? et tie men t ' laws". Skilled in the lav; and 
pi"or ; ffecting his work, the record he has made will 

long remain an inspiration to his one time associates. 



PRESIDENTIAL APPOINTMENTS 



'JGHNW. SCOTT, of EL CENTRO, California, to be 
Register of the land office at that place from August 1, 
10' , when th( ( . c i of 'Register and Receiver will be con- 
soiidated as provided in the act of May 24, 1922. His commission 
is dated July 1, 1922. Mr. Scott is now serving as Receiver 
of Public Moneys . 

WALTERS'. BENNETT, of GREAT FALLS, Montana, to be 
Register of" the land of lice at that place from August 1, 1922, 
when the offices of register and' receiver will be consolidated 
'as provided in the act of May 24, 1922. His commission is 
dated only 1, 1922. Mr. Bennett is now serving as Register 
of the land office. 

ROBERT BRUCE MILRCY, of YAKIMA, Washington, to be ' 
Register of the land office at that place from August 1, 1922, 
when the offices of register and receiver will be consolidated 
as provided by the act of May 24, 1922. His commission is 
dated July 10, 1922. 

EDGAR T. 'CCL;G;;EST, of Sterling, Colorado, to be 
Register of the land office at that place, after the consolida- 
tion of the offices' of register and receiver which will become 
effective from the date Mr. Conquest qualifies. His commission 
is dated July 15, 1922. He is now serving in the same position, 
as Register. 

CHARLES R. SMITH, of DURANGG, Colorado, to be 
Register cf the land office at that place from August 1, 1922, 
when the offices of register and receiver will be consolidated 
as provided by the act of May 24, 1922. Mr. Smith is now 
serving as Receiver of Public Moneys. His commission is 
dated July 15, 1922. 



-52- 

LGUIS W.' EUREGRP, of DEL NORTE, ' Colorado, to be 
Register of the land office at that place, after the 
consolidation of the offices of register and receiver, which 
will "become effective when Mr.Burford qualifies, in keeping 
with Executive Order of July 10, 1922, under authority of 
act June 30, 1922. Mr. Bur ford is now serving as Receiver of 
Public Moneys. His commission is dated July 15, 1922. 

GELEN C. POND, of MONTROSE, Colorado, to be Register 
of the land office at that place from August 1, 1922", when 
the offices of register and receiver will be consolidated as 
provided by the act of Kay 24,. 1922. His commission is dated 
June 30, 1922. Mr. Pond is now serving as Receiver of Public 
Moneys . 

JOHN WIDLON, of GREGORY, to be Register of the land 
office at PIERRE, from August 1, 1922, when the offices of 
Register and Receiver will be consolidated as provided by the 
act of May 24, 1922. Mr. Widlon's commission is dated 
July 1, 1922. 

"CLAUDE C. TURNER, of DICKINSON, North Dakota, to 
be Register of the land office at that place, when the offices 
of register and receiver are consolidated, as directed by 
Executive Order of July 20, 1922, under authority of the act 
of June "30, 1922, the consolidation to be effective when Mr. 
Turner'' qualifies; commission dated July 21, 1922. 

ROBERT E. PATTERSON, of IULUTH, Minnesota, to be 
Register of the land office at that place from August 1, 1922, 
when the offices of register and' receiver will be consolidated 
as provided by the act of May 24, 1922. Mr. Patterson is now 
serving' as 'Receiver of Public Moneys. His commission is dated 
July 21, 1922. 

ERED C. STODDARD, of MISSOULA, Montana, to be Register 
of the land office at that place, from August 1, 1922, when 
the offices of register and receiver 'will be consolidated under 
authority of the act of May 24$* 1922; commission dated July 
18, 1922. 

EDWIN E. WINTERS, of MONTGOMERY,' Alabama, to be • ' 
Register of the land office at that place, from August 1, 1922, 
when the offices of register and receiver will be consolidated 
under authority of the act of May 24, 1922. Mr. Winters is 
now serving as Receiver of Public Moneys. His commission is 
dated July 19, 1922. 



-ss- 



BIND THE BULLET I] 



Members of the Land Service receiving the Bulletin are 
requested to assemble the 12 numbers of Volume 5 and transmit 
them to. the General Land Office, where they will be bound, 
uniform with the four preceding volumes, and then returned. 



TELL THE BULLETIN. 
T o all Loc a l Offices and Field Service Employees: 

If anything occurs, in the public land service, 
which you think is of administrative value, tell us about it. 
Address all communi cations to the Commissioner of the General 
Land Office, "Land Service Bulletin." All information should 
be received not later than the 24th of each month for use 
in the current number. 



4424, 






Vol* 6 



Mo. 7, 



September 1, 1921* 

PRELIMINARY EXCITATIONS. 

For a number of years our annual report has carried asab-title "Preliminary 
Examinations" under v/hich a statement is furnished of the number of homesteads, 
desert entries, timber and stone applications, etc., that we're given a preliminary 
examination in the General Land Office as to their legality during the year that has 
passed, and the number that -./ere found valid as well as the number that were found 
invalid, were held for rejection or canceled for fatal defects* 

This statement in our report, while not occupying much space, or made the 
subject cf much comment p is in fact a subject of extreme gravity and Importance 
and one to which the Bulletin has heretofore called attention* In the October 
number of 1920., under the tifcle of "Asleep at the Switch" a presentation cf this 
matter was given to the Service A .n v/hich the necessity for greater vigilance with 
respect to the allowance of entries in the district land offices was especially 
emphasized.* 

It would not seen necessary to point out how extremely essential it is to 
the maintenance of a high character of service on our part, that we should not 
permit entrymen to initiate claims that are not susceptible of carrying to a full 
title, either because of the applicants*/ disqualifications or because the land 
applied for was not susceptible of such appropriation* 

To obviate as far as possi'b'l c the perpetuation of mistakes that nay have 
been made in the allowance of onzv:.^ in the local offices, we have a corps of 
examiners in the General Land ftffic3 whose duty it is to scrutinize carefully 
applications to make entry en 7;i.i'h:7 first arrival in this office, and it .is their 
painstaking and careful examination into all the details of the entries that 
prevents serious loss and untold disappointment to many entrymen, For Lt Ls far 
better if the ontryman has made a fatal mistake in his application that he should 
be at'once so advised. On the other hand., if the mistake is subject to amendment 
he may, by such action, cure the defect and ultimately receive his titlc.v It is 
this service that our preliminary examiners render* 

During the fiscal year ending June 30, 1920, these examiners handled 
51,376 applications of which number 44,310 were passed and 7,266 held tor further 
action on account of conflicts ana for defects of various kinds. 'ur.ing the year 
that has just now ended Juno 30 ; 192'!, preliminary- examinations of . . 2 r ginal 
entries were made and of those cases 44. 75S were passed and 11, < found 

either fatally defective or held for further action on accoum.~df or other 

defects. Of this number of entries examined 27,180 were stock- toads. 

which probably to some extent accounts for the apparently increased 
defects found on preliminary examination during the past year- However, this may 
be, the number of defective applications and entries that annually arrive in the 
General Land Office, undoubtedly shows a want of proper care in the district land 
offices, and the Bulletin would be remiss in its duty if it did not once more 
emphasize the serious consequences that may result froca failure to properly 
scrutinize the merits of a claim at the time of its initiation. 



COOPERATION IN THE LAND SERVICE. 

The Bulletin notes with no little gratification the responses elicited by 
"The Open Letter" published In the" last "Bullet i'iu" The keynote of this article was 
the value "of cooperation amongst our b:m people',' not only to the upbuilding and"*"' 
strengthening of the land service, bu$ also the better ' relations that resulted -with 
the publicu TKis* thought' in made the substance of a number of communications 
received by the Bulletin from different parts of the land service, as well as from 
publications outside of the service© 

The Land Department is the servant of the public, and each one of its' several 
units, whether 2:1 the office or in the field, should never lose the ©ppori/unity of 
rendering such aid and assistance, as lies within" its ability, to forward "and to 
assist with counsel and advice, the entryman or applicant for public lands^ 

SURVEY NOTES. 



Alonzo E. Compton, Assistant Supervisor of "Surveys, "has returned tohis 
headquarters at Santa Fe from" the Chaco Canon resurveys now in process' "of " execution 
under Glenn Ri" Haste", ;"u%~S;' Surveyor, "roup No« lib, "New Mexico^ He" reportsj ' 
excellent progress in the" fii»ld notwithstanding "the" unusually'" heavy rainfall in 
that locality during the past six weeks, which has made transportation slow . 
and difficult* 



Chaco Ruinsi 



The resurveys now in'orofrress disclose the fast that a" considerable area, 
over which the public lands surveys we're recorded as having ocen extended' years 
ago, was very carelessly Surveyed in the first' instance, if at all, "and that 
probably as a consequence, several of the important Chaco Ruins are not where they 
were supposed to be when the proclamation creating the" National Monument was 
promulgated. As the odd numbered sections in this locality "have" been patented to 
the Atchison, T'opeka and Santa Fe' Railway ? " 'it' wilT probably be necessary, when 
all the facts are developed, to make B-aftSi. .arrangements with the railroad company 
as will result in the inclusion 0/ ail these noted ruins in a Government owned 
National Park. 

Oregon Surveys. . 

Surveys InT»'20 S*, R* 9 77., 7LM., ' under Group No. 56, Oregon, now being 
completed' by Fred Mensch, ' U. S'.. Cadastral Engineer, we're initiated on the , . 

application of parties interested in acquiring timber in that locality, which is 01 
especially "good quality. In fact "the excellent 'timber in this general vicinity has 
attracted wide attention. "Japanese interests" 'It is said are purchasing large 
quantities of Port OrTord cedar logs;' which are" found only in a smaii_ area entne 
Oregon-coast, to the south and west of survey "Croup-No. 56, in the Coos Jay dist. 
Port Orford cedar is known to be of ' exceptional value in aeroplane conduction 
and it is not improbable that this" timber is being acquired * or ' s ^ P' 1 ^??* M# 

Surveys under Group No, 70, Oregon, "which emoraces T,_ 5 o.., R, 8 E., WJ»., 
are making satisfactory progress under 'Joseph A. Oanong, U. .?; v C "^ r ^--^^ 
This is one of the townships in National' Forests £n Oregon authorized or - -/ 
upon the application of the Forest Service as being 01 importance to that Se: /xce 
in the administration of its affairs* 



-3- 



Modern Surveying System* 



Some idea can bo gained of the extent of modern Land Office Surveys when it 
is recalled that since the inaugura' ion of the Direct System of Surveys in 1 , 
surveys have been executed in 610 different arid widely scattered townships in 
Idaho alone. Many of these townships, fractional in character, have been 
especially in late years remotely situated with respect to the beaten paths of 
travel and so dependent upon surveys of an older period as to have required the 
making of extensive retracements before the actual surveys themselves could be 
commenced. Sect ionizing in the original sense, except in Alaska, is practically 
a thing of the past, 

W ashington Surveys* 

Perhaps the "most difficult country from the surveying standpoint in the 
United States, over which the public land surveys are being extended this season, 
is to be found in the State of 'Washington, This area which lies chiefly along and 
near the summit of the Cascade Mountains and embraces the lands involved in the 
exchange agreement between the Forest' Service and the State, arc so rough and 
brushy that it is impossible to transport camp equipment and supplies to the fields 
of operation by pack animals, or by other usual moans of transportation in ordinary 
countries* All supplies must be aian-p^cko-d for a distance of from teri to twenty 
miles, a condition which requires the cutting of equipment, bedding and provisions 
to the bare necessities. But perhaps not the least of the obstacles to ropAA 
progress on the line in the Cascades arc the dense fog banks and rain clouds which 
roll eastward from Puget Sound and settle along the mountain crest, not 
infrequently in the midst of the surveying activities,. 

So far this season lines of the Land Office survey have been extended over 
Bearing Peak',Mt» Stewart, Index Peak, Gun's Feak, and SlFto* St. Helens; they have 
been also extended well up on Mt. Rainier and Mt, Baker* 

Indian Reservations. 

Surveys on the Crow Indian Reservation, Group No. 181, Montana, which are 
being executed by W. R. Bandy, Cadastral Engineer, assisted by Philip L. Inch, and 
David W, Eaton, IK S. Surveyors, and Charles P. Seelye, U« S. Transitman, will be 
completed about Sopttmbor 1st, This work involves, besides the establishment of 
section lines, the subdivision of sections and the setting of quarter and sixteenth 
section corners on all lines, 

The allotting surveys on the Blackfeat Indian Reservation, in charge of 
George F. Rigsby and Alexander T. Harris, Cadastral Engineers, are also well under 
way. Additional parties will be placed on this work as soon as the early snows 
drive them out of the greater altitudes, 

Alaska Oil Fi»lriV 

Surveys in the Cold Bay oil fields, Alaska, are at lafct in full stride in 
spite of thedelays caused by the shipping strike last spring and the resulting 
changes in plan. The S.S. Watson, which was to sail from Seattle May 17th last, 
agreed to put the party, equipment, and horses of Otis Ross, Cadastral Engineer, 
into Cold Bay, but was compelled at the last minute on account of the " ■ \ 
strike to cancel all reservations to that point. Even refusal was made to take the 
horses as far as Kodiak, where Mr. Rcss and his men finally proceeded without them. 
However, while disappointed in getting an early start on the oil field surveys, 
no time was lost. Mr. Ross and his parties were fully occupied on a survey at 
Kodiak for the Agricultural Department, until the horses arrived, when departure 
was made with full equipment for the Alaskan Peninsula, 

The Cold Bay surveys, under Group No. 21, Alaska, are in the nature of 
control lines run as legal subdivision or escterior lines, principally for the 



-4- 

■v.: pose of affording "a suitablo basis for description of tracts for which application 
for" lease has been made. " Such lines also "establish a base from which future 
surveys may be extended as development warrant s. 

NOTES FROM THE FIELD 
SERVICE* 



George C, Bywater and C- C. Smith have been appointed temporary mineral 
examiners and assigned to the Salt Lake Field Division* 

H. S. Price has been appointed Assistant Irrigation Engineer and assigned to 
Salt Lake City, Utah Field Division, 

W. M. Dockery has been appointed as a Timber Cruiser and assigned to the. 
Cheyenne, Wyoming Field Division* 

R. R. Duncan has ocea reinstated as a Special Agent and assigned to the Santa 

Fe, New Mexico Field Division, 

M. B. Leming has been reinstated as a Special Agent and assigned for temporary 
duty to the Washington headquarters office* 

Special Agent J. 2. Connolly, of the Denver Field Division, has been assigned 
for temporary duty to the Washington headquarters office. 

From -Sa nta F e B 

On account of the discontinuance of activities by many copper companies In 
this district, many of the old-timers, as well as many of the new ones, have answered 
the call and gone prospecting, ' The field men report that the hills are filled with 
prospectors looking for new claims. The Mogollon hills and the Burro Mountains in' 
New Mexico are receiving special attention. Likely localities in Arizona arc being 
well looked after. Every kind of metal such as gold, silver, copper, lead, zinc and 
radium are being sought in the southwest fields. It' is likely that this kind of 
development work will continue until the mines are again opened up fcr their regular 
runs. 

.Not for many years have such rains occurred over this section of the country. 
As a result, pastures consisting of "grama, sis weeks grass and other 7eg©t&:fci«aa ' '" 
have sprung up wherever there are toots and seeds* Reservoirs for stock water 
and irrigation have been filled. This insure;-, a sufficient amount of^ater for 
stock for at least the next twelve months.* Prior to the rains, the stock and the 
range were in a deplorable condition. The change has been remarkable. It is hard 
to realize that a few weeks ago the pastures now v/ith abundance of grass and water 
were parched deserts. 

During the last fey/ months, the nurgber of persons seeking Information 
relative to public lands has greatly increased* No doubt this can be accounted for 
because of the very favorable conditions of the stock range and the agricultural 
sections of the southwest. 

Royal R, Duncan who was recently reinstated as a Special Agent in the Field 
Service has reported to this Division for duty. 



-5- 



RED SNOW IK ROCKY MOUNTAIN NATIONAL PARK ATTRACTS WIDE ATTENTION, 



Rod dnow which has made its appearance in many sections of the Rocky- 
Mountain National Park this summer has attracted wide attention from the thousands 
of tourists who have visited this national playground. 

The red snow is seen to the best advantage during the motor drive over the 
now Fall River Road which crosses the Continental Divide reaching an elevation of 
over 11,700 feet above sea level. Many are the explanations offered by tourists 
and those who have seen the snow at about twilight stoutly maintain that its pinkish 
color is duo merely to the reflection of the setting sian*. 

Knowledge of the real cause adds interest to this curious phenomena. The great 
masses of color which appear in the large snow fields in the higher elevations 
result from countless billions of tiny organizms, which have the power of movement, 
growth and reproduction; a microscopic plant, Protococcus nivalis. Like many other 
low forms of life this one has characteristics of both the animal and vegetable 
kingdoms, and belongs strictly speaking to neither* 

A close inspection discloses that the color is concentrated in the hollows 
of the furrowed surface of the snow, and reaches its maximunj density about one- 
quarter inch below the surface. A slight scraping will produce in some places 
streaks of almost blood red. On the tongue its flavor suggests watermelon. A 
handful of the snow, taken up and allowed to melt away will leave a powdery red 
stain. 

Essentially an Arctic species, Protococcus nivales has introduced itself into 
the United States within the past decade. It is now found in Glacier and Mount 
Rainier National Parks. So far as known it has not boon reported in other sections 
of Colorado. It is somewhat of a mystery how the spore is carriod over such great 
distances. Possibly it is bornie on the Chinook winds* 



ANOTHER OLD SUSPENDED CASE. 

An application from the present claimants of the land was r-ec©Htl'y received 
requesting the issuance of patent covering Sec. 6, T. 11 N. , R. 2 E. , W.M., 
Mississippi. Upon examination it was found that Robert Scott made a credit system 
entry for this land on January 1, 1809. At that time it was unsurveyed and the 
entry was described as embracing 160 acres. Payment for that number of acres 
was completed on January 1, 1817, and final certificate No. 1708, which cannot now 
be found, issued thereunder. 

The entry was later adjusted, probably after the filing of the plat of 
survey, to doscriV 277 acres and the balance due was charged to one Joshua G. 
Clarke, per his declaration No. 1071. However, on a list of suspended certificates 
furni' • . 5. with letter of September 23, 1836, from the Washington, Mississippi land 
office, final certificate No. 1708 is shown in the name of Horace Carpenter. 



r6- 

All the' evidence in the cure point a to the fact that Robert Scott assigned 
the entry to Joshua G. Clarke and that Kr. Clarke in turn assigned it to Horace 
Carpenter, but no record of s3$Bar assignment can he four/:, For this reason patent 
has never issued. The fact that Robert Scott made a payment on the entry after tne 
apparent assignment to Joshua Clarke further complicated tne case, 

The present claimants of the land furnished an abstract of title which shows 
that the lane? was sold to Horace Carpenter in 1329 by the -administrator of the 
estate of Joshua G. Clarke, subject to the widow's dower, and that later he purchase 
the dower right. This effectually cleared up the record as to the assignment to 

Horace Carpenter. . m „„i ' 

Tt has been decided that declaration No. 1071, m which Joshua Clarke 
declared his consent to the provisions- of Section 7 of the Act of March 2, 1.21 
(General Public Acts of Congress, Vol. 5. page 512), as purchaser and assignee of 
said Sec. 6, is sufficient proof that the entry was assigned to him. 

Action has no;; been taken looking to the issuance of a new final certificate 
in the name of Horace Carpenter, and it is probably that this entry, made more than, 
a hundred years ago, will pass to patent withirt the next few weeks,, 

OIL PROSPECTING PERMITS* 

During the months of June and July the indications were that the interest 
in oil and -as permits was waning because of the material falling off of the 
receipt of new applications, there being received less than 500 new applications 
for each month, or less than 1,000 applications for the two months* 

The month" of August, however, shows a revival of such interest oy the fact 
t; t nearly 1,000 new applications have been received for this month. Tne State of 
Utah appears to be a promising field since probably more applications t rem that 
t te were received during the month than all the other ? A -atee -omomed* There 
appears tfc-b, be some success in drilling on the. .lands involved in the permits issued 
under Sections 13 and 20 of the leasing act, evidenced by the fact that a few 
applications for leases have been received based upon disc very oi oil or gas. 

This is the time of year when many clerks arc taking their annual leave 
and the oil and <ras section has been without the services of several clerks during 
the month,. Notwithstanding this fact we probably have issued the usual numoer of 
permits for the month, namely about 500, besides taking other action on severe 
hundred of such applications* 

ALASKA TOVTNSrrcS CEMETERY SITE, 

June 1 1921, proof wac submitted before the oist-ict land office at 
Juneau, AlasVa, on the amplication of the Alaska Brotherhood for a cemetery site 
at Haines, Alaska, and the proof was sent up to the General' Land Office for the 
apcraisal of the land as provided in the act of March 1, 1907(34 Stat., low,. 

July 20, 1921, the Commissioner fixed the price of the land at ^1**5 
per acre, and advised the Register at Juneau to issue final receipt upon payment 
of the price. 



-7- 

A LETTER OF APPRECIATION FROM THE SOMMISSIONEF OF THE GENERAL 

LAND OFFICE. 

To tho Stenographic Section 
of tho Goneral Land Office* 

I wish to thank personally each and cvory one of the force of the 

Stenographic Section for their hearty cooperation in v/orking after the usual offic 
hours to bring up an arrearage of v/ork. It is this spirit that maintains the 
traditions of the Goneral Land Office, and I take pleasur? in expressing my 
appreciation for your work* 

WILLIAM SPRY,, 

Commissioner* 
August 6, 1921* 



CHIPS OF THE OLD BLOCK, 



It is interesting, in the study of human nature, to note that sons often 
follow the early vocation of their fathers* The Bulletin finds, in the files of 
this office, that our present Assistant Commissioner, Hon* George R. RTickham, 
in entering the Land Department, is following in the footsteps of his father, 
R. Q. wickham, who was employed at the Yankton, South Dakota, district land office, 
from March 1, 1881 to Juno 30, 1881, The Register at that time, was G. A. '."letter, 
and tho Receiver, Alexander Hughes, 

The year 1881 was tho year of the great flood at Yankton, nnd it is thought 
that this calamity was tho reason why the senior Wickham severed his connection with 
our Department after so short a period ofservice. 

Mr, Eldon B. 7/ickham, another son of R. Q. Wickham, has also been employed 
in the Land Department, in the district land offices at Los Angeles and El 
Centro, California. 

REGENT DECISIONS OF THE COURTS AND THE 
DEPARTMENT. 

Homestead — Contest — Final Proof —Patent — Oil and Gas Lands — " Jithdrawal. 

The rule of law that a withdrawal is ineffective s against one who prior 
thereto had done everything necessary to vest in him a complete equitable title, 
can not be invoked by a homesteader who made entry of land3 before but did not 
submit final proof until after their inclusion within a petroleum reserve, and a 
patent issued upon such entry must contain a reservation to tho United States of 
the oil and gas unless the entryman assumes the burden of proof and shows that the 
lands are in fact non-mineral in character* 



.,-3. 



Court Decision Cited and Construed — Departmental Becisicns Cited arid Adhored Too 

Case of Wyoming v« United States ('255' U.S., ) ,' citnd and const rn ;!, 

cases of James Rankine (46 L.D., 46), State of Louisiana of al* (47 L.D„, 36C), 
Cleveland Johnson (43 L.D., 13), Anna M* Baxter (43 L.D., <s***) t cited and 
adhered to* 

Tilden D. Mabry, on Rehearing: decided June 29, 1921, 
by First Assistant Secretary Finney. 

Coal Lands— Preference Ri ght — Act of February 25, '1920+ 

Under sections 2348 - 2352, Revised Statutes, the opening and improving of a 
mine of coal upon unreserved public lands by a qualified person in actual possession 
thereof, confers a preference right to purchase "for a total period of substantially 
fourteen months, that is, fo'r si:rty days absolutely, and for a further period of 
one year from the filing of a declaratory statement, if filed within the sixty days, 
and aufah preference right to purchase is not defeated or abridged by the intervening 
passage of the leasing act of February 25, 1920, 

De;o a .--t men tal Decisions Cited and Adher e d To * 

The cases of Skoyon v. Harris (24 L.D., 46 ),Mci:ibb en v. Gable (34 L.D., 
?.78;447), Lehmer V4 Carroll et al* ('34 L.D., 267;447), Charles G. Morrison 
(36 L.D., 126; 319), cited and adhered to, 

J. T. Williams and John Blathran: decided August 19, 1921, 
by Acting Secretary Finney* 

Homestead-Soldiers 1 Additio nal— Subsequent Po wer-- Site )yithdrawal" , -Alaska > 

The rights of an applicant who has complied fully with the regulations 
pertaining to the making of soldiers' adc.it-.onal homestead entries in Alaska and 
made timely proof of such requirements, relate back to the date of the application 
and are not affected by a subsequent withdrawal, 

-John C. Barber; decided August .2, 1921 by 
First Assistant Secretary Finney, 

Enlarged Horn est ead — St ock - Raj s in g Homeste ad— A dd itio nal E ntry — Rule o f Approximation^ 

The term "one quarter section" as used in sections 2289 and 2298, Revised 
Statutes, means a sub-division of 160 acres, and where an original entry contains 
more than that amount, for the excess of which, payment is made, such excess is to bo 
disregarded in applying the fule of approximation and in 'computing the area that 
the entryman may embrace in an additional entry under either the enlarged Qtf the 
stock-raising homestead act* 

Departmental Decision Overrule d^ 

l%@ case of Ernest Muller (46 L.D., 243), overruled* 
Instructions of July 30, 1921, by First Assistant Secretary Finney* 



-9- 

1 A n J_»-_ 5 _ Lands— Prospect ing Permit— Rai lro ad Grant— Ac t of July 17, 1914, 

An applicant for a prospecting permit under section 13 of the act o* 
ruary 25, 1920, is not required to servo notice on the owner of lands patented 
ailroad company with reservation of the' oil and gas under the act of July 
7, 103 4, inasmuch as claimants of railroad grant lands are excepted by section 20 
•f the former act from the preference right to permit's therein, 
W. E. Staunton and Leo Simonsenidecidcd 
August 13, 1921, by First Assistant Secretary 
Finney, 

hom estead— -Fraud— Cou rts— Insane^ and Deceased Entrymen* 

A charge of fraud, connivance or conspiracy is not sustained where it is 
shown that the conservator or the administrator of the estate of an insane or of a 
deceased homestead entryman, acting in good faith and with the approval of a court 
of competent jurisdiction, for' a valuable consideration to the enrichment of the 
estate, fails to submit final proof or make defense to a contest under the belief 
that it would be futile to do so,, on account of doubtful right by reason of 
noncompliance with the statutory requirements as to residence and cultivation on thi 
part of the entryman. 

Departmental Decisions Cited and Adhered To. 

The cases of Ostreim v. Byhre (37~L.D., 212), Fisher V. Kelley 
(45 L.D.,467)^ William Duffiold (43 L. D., 56), cited and adhered to. 

Alice E. Jackson (Formerly McClure): decided August 4, 1921, 
by First Assistant Secretary Finney* 

lining Claim—Annual Assessment V7o rk« 

The Supreme Court of Nevada, in Donoghue ct al V» Tonopah Oriental 
pining Company (198 Pac. Rep./ 553), construing the joint resolution of Confess of 
•tober 5, 1917, waiving the requirements of annual assessment work, said that 
'.though mandatory in terms, it does not cut off the rights of locators who fail 
j file notices of intention to take advantage of the statute, where there was 
i faith present, and an open, honest effort to comply with the statute* < 

. iJ -'-^ ~ and Water Courses. . 

In the case of Parks v. Gates in the Supreme Court, California, the court 
eld (199 Pac. Rep*, 40), that where an irrigating ditch was constructed over two 
tracts of land for the use of all the land, while it was owned by tenants in common, 
;he casement of maintaining such ditch through the portion acquired by one co-tenant 
in severalty, after division of the land between them by interchange of deeds, 
passed to him*. 

Obstruction of Pu blic Lan ds. 

In the case of McKelvey v. the United States Circuit Court of Appeals 
(Federal Rep., 273, 410), the court, in construing the Act of February 25, 1885, 
held that the act, so far as it prohibits the prevention and obstruction of free 
passage over unoccupied public lands, is valid, and constitutional; that the 
prohibition is not limited to acts amounting to an occupancy of the land or to the 
obstruction of intending settlers, but applies to the obstruction of free passago 
by the use of fireffiitfis of persons driving a band of sheep to int midst® them from 
crossing unoccupied lands* 



-10- 

Mines and Minerals— Oil Lands—Trespass* 

In' the case of Mason et al„ v„ United States in the Circuit Court of 
Appeals (273 Federal Rep., 135), the court had under advisement "the results of 
proceedings instituted by the United States, asking for the" cancellation of a 
raining location made by the defendants, in Caddo Parish, Louisiana;" end for ar. 
accounting by the defendants' for oil and gas removed or extracted from the landj 
and for all "money derived from the sale or disposition of the same, in which 
favorable judgment was/ rendered, so far as'the cancellation of the claim was' 
concerned, it being found that the lands covered thereby were included withili a 
prior withdrawal order of the Department, pending investigation as to their value 
for oil and gas* 

The court also held that one who extracts and sells oil from public lands, 
claiming under a location made with knowledge that the land had been withdrawn by 
the Land Department, is liable, at law or in equity, for the value of the oil so 
taken, without deduction for the cost of its production. 

Water Rights — Appropriat ion* 

In the California Court of Appeals, William's v* Costa et al*, the court 
held (198 Pac. Rep*, 1017), that where title to riparian lands had passed' from the' 
Federal Government to defendants, there could be no valid subsequent appropriation 
of the waters by plaintiff; the land embracing the p^ace of 'diversion, and for a 
considerable distance down the course of the ditch, not being public land, * 
which one might enter to make an appropriation and diversion of the water. 

Boundaries — Government Corners* 

In Halley v. Harriman (183 Northwtotern 665), the 'court held that monuments 
or other markings, placed by a Government surveyor in locating corners, will control 
field notes and all other surveys; but where there' is no other evidence on the 
subject, and the location of a quarter cpaeraiay be fixed with reasonable^ 
certainity by using the field notes of the Government surveyor, such location will 
be adopted* 

Subterranean Jators* 



In the case of the city of San Bernardino v« the city of Riverside 
(198 Pac* Rep.* 784), the court hold that a city' located in a 'water shed over an 
underground basin has water rights only as an apuropriator. and not as an 
administrator of water rights of its inhabitants. ' 

OIL PROSPECTING PEPMIT-CAREY ACT 

ENTRYMAN. 

July 30, 1921. 
The Commissioner 

of the General Land Office. 

Dear Mr. Commissioner: *■■■»■-,•*•■ v» i acn 

The Department is in receipt of your letter (NP") of July 14, iwi, 
requesting to be instructed whether Carey Act entrymen are entitled to preference 



-11- 

rightd under section 20 of the act of February 25, 1920" (41 Stat,, 437), under the 
following conditions, no patents having been issued by the State: 

1, Where J -he entry was made and patent applied for by the State prior to 
February 25, 1920. 

2, 7/here the entry was made prior to February 25, 1920, and patent has been 
applied for by the State after the approval of the act of that date* 

3, 7i/here the entry was made prior to February 25, 1920, for lands embraced 
in asegregated list only and no application for patent has been filed. 

4* '.There the entry was made after the passage of theasrt under any of the 
conditions stated above* 

Considering the object of the provisions of said" section 20, the Department 
is of the opiriion that the State cntrymen under the Carey Act ehould be accorded 
the same privileges undersaid section as cntrymen under the public lane lavs. 
Accordingly, under the conditions numbered 1, 2 and 3, you will treat' that class 
of ent'rymen as entitled 'to a preference right to" a permit* Under the condition 
numbered 4, no preference right can be granted, "paragraph 12 of the regulations 
(47 L.D, , 437), specif ically holding that the provisions of section 20 apply only 
to entries made prior to February 25, 1920* 

If an application comes within the conditions numbered 1 and 2, it will 
bo necessary for the proper State officer to'elect to take patent subject to" the 
provisions and limitations of the act of July 17, 1914 "(38 Stat., 509), Under the 
condition "numbered 3, a consent to accept a restricted patent need not be required 
prior to the application by the State for a patent. 

Respectfully, 

E, C. FINNEY, 

First Assistant Secretary* 



INSTRUCTIONS UNDER ADMINISTRATIVE ORDER, APRIL 23, 1921, 
STATE, RAILROAD AND LIEU SELECTIONS, ETC* 



Registers and Receivers, United States Land Office: 
and Chiefs of Field Divisions* 



August 4, 1921, 



Sirs: 

Attention is directed to the administrative order of April 23, 1921, (48 L.D,, 
*-), as follows; 

The Supreme Court of the United States in Payne v. Central Pacific Railway 
Company, on Feb. 28, 1921, decided that the railroad indemnity selection there 
involved should be disposed of "on its merits unaffected by the withdrawal" of the 
land made after perfection of the selection for a wat er power site under the 9MSt' of 
June 25, 1910 (36 Stat., 847). On March 7, 1921, in the case of Payne v. New Meifico 



-12- 

th'e court concluded that the Land Department should dispose of the State's school 
land indemnity selection "in regular course unaffected by' the elimination of the 
basest rapt from the reservation" for forestry purposes after the completion of the 
selection. In the case of Payne v. United "States' ex, rbl* Newton, on March 14, 1922 
the court referred to the departmental instructions issued April 25, 1914(43 
L.D., 294) j "and said: ' 

"The Secretary stated that 'the lapse of two" years after the issue of the ' 
recoivcr's receipt 'will bar a contest or protest based upon any charge whatsoever, 
save where the proceeding is sustained by somespecial statutory provision," 

In Wyoming v* United States, decided March 23, 1921, the court held that the 
conditions obtaining at the date of the completed school land indemnity selection, 
with respect to the character of the land, whether known or" believed to be mineral, 
were controlling and that the Land Department was without authority to cancel the 
selection on the ground that the selected land was subsequently included in a 
petroleum withdrawal proven to be mineral landv 

The Administrative Ruling of July 15, 1914 (43"L.D., 293), is net in harmony 
with said court decisions, and insofar as said ruling is in' conflict therewith the 
same'is hereby modified to conform to the holdings of the court. All departmental' 
decisions based on said rulings which are not in harmony with those 'decisions among 
which are State of California et al, (44 L.D., 113); State of Californi-a et al* 
(44 L.D.,468); State of Utah (45 L.D., 551), and State of New Mexico (46 L*D.,217), 
are hereby overruled* 

The future adjudication of cases controlled by the decisions mentioned will 
be in harmony with the principles announced in those decisions,-., 

This order will not affect the disposition of the question of the mineral 
character of land claimed under the railroad land grants, either v/ithin the place 
or the indemnity limit's^' "or" under the gramp land grants. The well-established 
practice and procedure now prevailing as to such lands will continue to be followed* 

In accordance with said order, chiefs of field divisions will report to thii 
office, without "investigation or further examination,; and close on their books 
sill matters involving State, railroad indemnity, lieu selections, and other like 
claims to land which have been completed and perfected and are now awaiting field 
examination solely for the purpose of determining whether or not the lands claimed 
are of value for watering places or for power or reservoir purposes* 

Field investigation with respect to minerals of lands involved in State 
selections, lieu selections, and other like claims is to be made for the purpose 
of determining their character-— whether nonmineral or known or believed to be 
mineral --at 'the time of the per: cto'd selection or claim, and hearings proceedings 
are to be conducted for the same purpose* 

Field investigations and hearings with respect to minerals will proceed 
as heretofore in connection with railroad and wagon-road" place and indemnity 
lands and with lands claimed by States as siwamp and overflowed in character.. 






If doubt is entertained as to whether 'any particular selection or claim to 
land is to be returned without Hell." examination 6r"hla'ring"h"ereti'0?bre."6rder6d, 

advice from this office should" be' sought in the' particular case, and action" taken 
in accordance' therewith. The purpose of those instructions is to indicate procedure 
^tmdly and in general terms, rather than to formulate specific rules to be held 
applicable in any possible case which may arise. 

The regulations governing selections by States of indemnity school lands and 
cf lands under quantity grants for specific purposes (39 L.D.J 39), require 
publication of notice of the selections to be made by the State and proof, thereof 
filed in the local land office within 90 days after receipt" by th"& State officials 
of the notice' for publication as prepared by the register atthe time of the 
acceptance of the selection- Such selections, regular in all respects -.Then iiled, 
and perfected by the 'timely filing of the requisite proofs are effective from the 
date filed. If defective 'when presented, or not perfected by timely filing of 
proofs, they are effective only from the time the defect is cured or the required 
proofs are filed. 

Final action on pending selections coming within the rule announced in the 
administrative' order, g up ra., made for lands which, after selection were embraced 
within the boundaries of mineral withdrawals and in connection with which mineral 
waivers' or ' elections have been filed, in the absence of request for present action 
oh the record, "will be suspended for a period of six months frem the date hereof 
in order 'that opportunity may be afforded for the filing of formal motions for 
read judication in the light" of said orders Notice cis given, however, that should 
such motion be filed, it may be necessary to have a field investigation made for 
the purpose of ascertaining the known character of the land as of the time of the 
perfection of the selection. 

Respectfully, 

WILLIAM SPRY,, 

Commissioner. 

Approved: August 4, 1921, 
E. C. FINNEY, 

First Assistant Secretary* 



CONTESTS TO BE ASSIGNED 
DISTRICT LHND OFFICE 
NUMBERS* 



Circular No. 769 

DEPARTMENT OF THE INTERIOR 
General Land Office 
'Washington 

August 6, 1921. 
Registers and Receivers, 

United States Land Offices. 
Sirs: 

In Paragraph 32 of Circular No. 616, approved August 9, 1910 (46 L.D., 
513), it is direct ed,amiong other things, that: 



-14- 

"A series of numbers for contests arising'in district land 
offices will be maintained, entirely distinct from the series 
used for applications, entries, etc*, and aaid contest numbers 
will not be preceded by'"0''» The records of contests will be 
kept in the 'Contest' Docket" (F£im 4-G51a) e " 

While it is assumed that in each local land office a contest docket and 
a series of numbers for contests are regularly maintained as prescribed, it :s 'cund 
that many duplicate applications to contest and some contest records come to tnes 
office without sharing any contest numbers* Although such a series of numbers is 
primarily for the convenience of the local land office, yet in the work of filing, 
checking and adjudicating in this office contest numbers are of great convenience* 

You are, accordingly, instructed that all contests must be numbered and 
that each application to contest, original and duplicate and additional copies, if 
any, must show the contest number assigned,- 

Very respectfully, 

WILLIAM SPRY, ; 

Commissioner* 



INSTRUCTIONS— RELATIVE TO MATTER OF HIRE' OF 
AUTOMOBILES,. ATTENTION ' CALLED TO VIOLATION OF 
RULE 



Circular No, 771 
DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 

August 9, 1921. 
Chiefs of Field Divisions: 

My attention has been called to the fact that from/timo to time some 
of the employees of the Field Service have violated Rule 5 of Circular No. 459 
approved February 1, 1916, which reads as follows: 

"No employee will be allowed to use and charge for his own 
automobile for official purposes or to hire such 
automobile to another employee for official purposes 
nor will one employee be allowed to hire an automobiike 
from another employee for official purposes," 

Hereafter this rule will bo strictly enforced and no voucher charging 
for the use or hire of an automobile under such circumstances will be paid. 

Very respectfully, 

WILLIAM SPRY,, 

Commissioner. 



-15- 

REQUESTING REPORT OF MATERIAL,. SUPPLIES AND 
EQUIPMENT ::OT N077 BEING EFFICIENTLY USED. 
Circular 772, 

DEPARTMENT OF THE INTERIOR 
General Land Office 
7/ashingt on 



August 10, 1921. 

'.^rioters and Receivers 
Chiefs of Field Division 
Surveyors General 
Supervisors of Surveys 
Superintendent of Logging. 

Sirs: 

Bureau of the Budget Circular No. 5, of July 6, 1921, contemplates that a 
survey will he made in" field offices of the government service to determine tho 
amount of material, supplies end equipment not now heing efficiently used, with 
the view to transferring' such equipment to offices //here it may he used to 
advantage. 

Pursuant thereto you will submit report to this office, showing a list 
of material, supplies and equipment, if any, not now being efficiently used in your 
respective offices. Such list will clearly describe the articles reported, state 
whether or not they are in a serviceable condition, length of time they have been 
in use, and if serviceable why they are no longer needed by your of fico. Such list 
shall include only such equipment as is property of the Interior Department. 

The information requested herein is desired at the earliest practicable 
date* 

\fory respectfully, 

WILLIAM SPRY,, 

Commissioner. 



BOND CF LESSEES-CIRCULAR 670 
MENDED. 
Circular 673 
DEPARTMENT OF THE INTERIOR 
Goneral Land Office 
Washington 



Registers and Receivers, 

United States Land Offices. 



August 16, 1921* 



Sirs: 

Tho regulations governing coal mining' leases," permits and licenses under the 
act of February 25, 1920, Circular 6S59, approved April 1, 1920 (47 'L.D.,487), 
is hereby amended by adding "to section 8 thereof the following provision: 
Provided, that in case of lease for a small area where the 
investment to be made is less than $10,000,' the lessee shall 
furnish one bond to cover both the investment and compliance 
with the terms of the lease, such bond to be in half the 



-16- 

anount of the * investment to be. made, but in no case shall 
be less than $1,000." *.""., 

amount of the investment to be made, tut in no case shall be less than $1,000." 

This amendment was approved by the Secretary of the Interior, August 10, 
1921, and is effective from that date. 

Very respectfully, 

WILLIAM SPRY, 

Commissioner, 



ACCOUNTS; RETIREMENT FUND. 

Circular No* 774 

DEPARTMENT OF THE INTERIOR 

General Land Office 

Washington 

August 17, 1921. 
Surveyor Generals and Special Disbursing Agents: 

Sirs: 

Memorandum copies of all vouchors for services after June 30, 1921, must bear an 
indorsement on the face thereof, preferably en the lower half of the voucher, 
showing the amount deducted under the provisions of the Civil Service Retirement 
Act, and if there are' days without pay included within the period of the voucher 
the number of such days, in form as follows: 

2\% retirement , 

No. days 7/. . P 

This inf orraation as to service covered by pay rolls may be shown in the blank 
spaces on the reverse of the voucher. 

The necessary rubborctair.ps for this purpose will be mailed as soon as they 
are received from the contractor-, 

Memorandum copies of vouchors transmitted to this office before receipt hereof 
will have the necessary notations made here? 

Very respectfully, 

GEO. R. ,VICKHAM_, 

Assistant Commissioner* 



-17- 

DIRECTING COOPERATION WITH CUSTODIAN IN CARRYING OUT INSTRUCTIONS FROM 

SECRETARY OF THE TREASURY* 



Circular 775 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



August 



.Registers and Receivers . • •. 

Chiefs of Field Division 
Surveyors General 
Supervisor of Surveys ".'"', 
Assistant Supervisors of Surveys* 

Sirs: 

Recently the Secretary of the Treasury issued a circular letter to the 
Custodians of all public buildings directing that the strictest economy be 
practiced in every expenditure incident to office maintenance, equipment and 
supplies, and to avoid waste of beat, light, water, etc* 

You arc hereby instructed to give your full cooperation to the Custodians 
of the public buildings in which your respective offices are located, in carrying 
out the instructions from the Secretary of the Treasury respecting this subject* 

While it is not desired to curtail any of the conveniences for the proper 
comfort of the occupants of your office and for the proper end prompt dispatch 
of the (government business, I want to impress upon you the necessity for your 
hearty cooperation in every effort for economy and efficiency* 

Very respectfully, 

WILLIAM SPRY, 



Commissioner* 



INSTRUCTIONS RELATIVE TO REJECTION SLIPS. 
Circular 776, 
DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



Registers and Receivers, 
U. S. Land Offices* 



August 18, 19 21, 



Gentlemen: 



The rejection slip, Form 4-659, which you attach to cases, frequently 
becomes detachedaad then it is impossible for this office to identify the case to 
which it belongs and consequently this office is at a loss to know the cause of 
the rejection of the case, in many instances* 

In order to remddy this situation you are directed to note the name of your 
office after the word "at" (which is printed near the top of the slip), and place 
the serial number of the case thereunder, and the name of the claimant* 

Sample: 

At Havre, Montana* 
Andrew Johnson, 023755* 

Very respectfully, 
WILLIAM SPRY,, 

Commissioner* 



-18- 

PUBLIC LAND OPENINGS AND RESTORATIONS. 

NEVADA : Approximately' 20,950 acres in Humboldt County, Careon City land district, 
released "from stock driveway, 'and 'the surveyed lands in such areas, . amounting to 
19,038 acres are opened only tV homestead and desert land entry by ex-service 
men of the Wo rid War 'for a period of 63 days beginning with August" 27,' '1921*' ' 
Filings' may be presented within the 20 days prior to that date. And on and after 
October 29, 1921, any of said lands that' remain' unentered, "together with the 
unsurveyed lands involved, "shall be opened to disposition under any public land 
lav/ applicable thereto by the" general public. It is reported that small scattered 
tracts of the released area are agricultural in character, and the entire area 
has been 'designated under the 320-acre homestead law. The preference accorded 
ex-service men in this restoration is subject to prior valid rights and' equitable 
clairaso The area restored extends along the eastern foothills of the Pine 
Forest Mountain Range. 

FROM SEGREGATION UNDER THE CAREY ACT. 

WYOMING ; 49,908.62 acres in Washakie' County, Buffalo land district, open to 
homestead and" desert' land entry by ex-service men of the World War, except as 
hereafter stated, beginning August" 28, 1921, at 9 A.M. Filings may be presented 
during the twenty ' (30) days'/ prior to that date." Any lands that remain unentered 
•¥111 be" open to homestead entry only to the general public from November 2, 
1921 to November 21, 1921, and filings may be presented within the twenty (20) 
day period preceding November 2, 1921* On and after November 22, 1921,' any 
remaining lands will be" subject to general disposal, that is, to appropriation 
under any applicable land law by the gen oral public* " 

These lands are released from Carey Act Segrogari'ion application, and a 
considerable portion' has been designated under the enlarged homestead act* 
Available information, however, is to the " effect that part' of "the land may be 
subject to irrigation and is not such as to permit the designation' at this time 
of a»y of the land under the stock raising homestead "act. About 6,000 acres Of the 
land released from the Carey Act" application' and" situated in T, 27 E», Rp',94,95 
and 96 wV,'has been withdrawn for stock driveway purposes and is not, therefore, 
open to entry. 

OPEN TO ENTRY THROUGH SURVEYS. 

NEW MEXICO: The survey of public lands in T. '24 N., R. 10 E*, N.M.P.M., having 
been accepted and the official plat thereof transmitted to the Surveyor General, 
and the suspensions in connection with said township having been relieved, the 
Register' of the U.S. land 'off ice at Santa Fo was advised under date, of August 
10, 1921, to file same" in that office. Thed&te Of the filing will" be fixed by 
the'Registsr at that offi'cec 'Approximately '30,000 acres will be opened to entry 
and, subject "to prior valid settlement rights and equitable cl aim Sj*" ex-service 
men of the World War will bo" entitled to a'p'ref erence right to enter "these 'lands 
under the homestead and desert land lav/ s for 63 days beginning with the d&te of 
the filing of the plat, under Public Resolution No. 29, approved February 14,. 
1920; lands open to general entry on the expiration of the 63-day periods, 

These lands are reported as rolling plains, covered with sage brush. 



-19- 

ARlZ"0NA :Of ficial plats of tho survey of public lands in T« 6 S., R's. 11, 12, 1 
14 and 15 E», T* 7 S., Rsi 10,*. 11, 12,*13~"and i'4'E*/T* 8 S«, R's. 10, 11/1 
and 14 E./T. 9 Sr, Rs* 11, 1? and '16 E» f and T, 10 3., R's, 11 and 12 E«' 
transmitted to the Surveyor General for Arizona, with letter dated August 3. l c ; L, 
with instructions to transmit copies thereof to £he U. S, land office at Phoenix, 
for official filing, after the usual thirty-day notice. Date of filing will be 
fixed by the "Register of that .office* 

The. surveys m T* 6 S,, f.s. 11, 12 and 13 E. , T. 7 S. ' Rs* 10, 11, 12 . 
and 13 E», T. 8 S-, Rs« 11, 12 and 13 E», and the w|- of range .*: 10 E., T« 9 S., 
Rs» H, 12. and 10 E., and T, 10 S. , Re 11 and 12 E-, were made upon application of 
the State" of "Arizona and the public lands involved, aggregating about 
300,000 acre-©" withdrawn under the provisions of the act of August 13, 1894 (28 fit it,, 
394)," until 60 days after the date of filing of the plats, during which period 
the State has preference right to select lands therein in satisfaction of public 
land grants. Upon the expiration of such period ex-service men of the World War, 
"subject to prior, valid s eft lenient 'rights and equitable claims are entitled tc 
a preference right to enter uuder tho homestead and desert land laws for 63 days, 
lands not selected by the State* Ex-service men are also entitled to a preference 
right to enter under said laws approximately 82,000 acres in the other townships 
mentioned 'for 63 Mays beginning with the date of filing of the plats under Public 
Resolution No, 29 of February 14. 1920';' all' lands open to general disposition, on 
the expiration of the soldiers' preference periods indicated. 

The lands are described as ouutainous, rolling "arid nearly level with 
scattering timber and undergfrtfeta* Most of the lands furnish fair grazing. 

FROM SEGREGATION UNDER THE CAREY ACT. 

IDAHO: ' 4,833,91 acres of land in Blaine,Singham and Fremont counties, Hailey land 
district, open to' homestead and desert land entry by' ex-service men of the World 
War, beginning Sept ember 19, 1021, at 9 A.I.U . Filing may be presented during 
the 20 days prior to that date- Any lands that remain unentered will be open to 
homestead entry' only by the general public from November 21, to December. 11, 1921, 
inclusive, and filings may be presented within the 20-day period from November 1, 
1921. On and after December 12, 1021, any remaining lands will besnbject to^ general 
disposition, that is appropriation under any applicable public land law by the 
general public. These lands are released from Carey Act Segregation applications, 
and most of them have been designated under both the enlarged and stock raising 
homestead' acts- 

IDAHO : 6, 807, 24 acres of land in Bingham and Fremont counties, Elackfoot land 
district, open to homestead and desert land entry by ex-service men tf .the World 
War, beginning September 19, 1921, at 9 Adt. Filings may be presented during the 
20 days prior to that date Any lands that remain unentered will be open to 
homestead entry only by the ' general public from November 21, to December 11, 1921, 
inclusive, and filing's may be presented" within the 20-day period from November 1, 
1921. On and after December 13, 1921, any remaining lands will besabject to 
general disposition, that is appropriation under any applicable public land law by 
the g> -t.ral public* These lands are released f rem Carey Act Segregation application 
and most of them have been designated under both the enlarged and stock raising 
homestead acts. 



-20- 



OPEN TO ENTRY THROUGH SURVEYS. 

OREGON : The official plats of the survey of public lands in T. 34 S,, Ranges 
20 and 21 "S, arid' TV" 35 S. , 'R. 23 E., ff»M«, were transmitted'to the Surveyor General 
for Oregon with letter dated August S, 1921, T, 37 S., R» 47 E. with letter dated 
August 17, 1921, "7. 41 S., R. 25 E, and 41 S.R. 28 E. with letter dated August 19, 
1921, with instructions' to transmit copies thereof to the United States Land Offices 
at Lakeview and" Vale for official filing after the" usual 30 days notice* The dat^ 
of filing will 'be fixed by the registers of these offices. Approximately 78,700 
acres will 'be open to entry,' and -subject to prior valid , settlement rights and 
equitable claims,' ex-service men of the 'World-War wall be entitled to a preference 
right to enter these "lands under the homestead and desert land laws for 63 days 
beginning with the date of filing of the plats, under Public Resolution No. 29 ■; 
of February 14, 1920; lands opened to general entry on expiration of the sixty- 
three day period* 

The lands are reported as mountainous and rolling and principally valuable 
for grazing, 

UTAH: The official plat of ' the survey of that portion of T. 8 S., R. 2 W., S. L- 
B. & Li.' within the boundaries of the Old Fort Crittenden Military Reserve* ■ .'. ..■•• 
was transmitted to the Surveyor General for' Utah with letter uated August 3, 1921, 
with instructions to' transmit a copy thereof to the United States land Office at 
Salt Lake City for. official filing after the usual 30 day notice. Date of filing 
will be fixed by the Register of that ' of fice, ' 

The said survey's were made upon application of the State of Utah and the 
:>ublic lands involved aggregating 4800 acres were withdrawn under the provisions 
of the Act "of August IS; 1894 (23'" Scax., 394), until 60 days after the date of 
filing of the plat, "during which period the State has h preference- right to select 
lands therein in satisfaction of public land grants. Upon the expiration of said' 
period ex-service men of the "Vorld 7/ar," subject to'prior valid settlement rights 
and equitable claims, are entitled to preference "right to enter, under the homestead 
and desert land laws for 63 days," lands not selected by the State. All lands open 
to general disposition on the expiration of'"t.he soldier's preference period. 
Lands are reported as rolling with an undergircath of sage-brush and other grasses 
which afford excellent sheep grazing, 

IDAHO : The official plat of T. 3 8., R. 45 E. B.M. was transmitted to the Surveyor 
General for Idaho with letter dated August 3, 1921, '7. 9 :;. v R, 27 S., T. 11 
N,. R. 25 E. were transmitted with letter dated August' 11, 1921, and T. 9 N., R, 
244- 3. and T, 9 M^R, 25 E. with letter dated August 15, 1921, with instructions to 
transmit copies thereof to the United States ."la&ad (offices at Ilailey and Blackfoot 
for official filing after the usual thirty days notice. The dates of filing will 
be fixed by the registers of these offices. Approximately 59,000 acres will be 
open to entry subject to prior valid settlement rights and equitable claims, ex- 
service men of the 7orld 'Jar will be entitled to a preference right to enter'these 
lands under the homestead desert land laws for 63 days beginning with the date of 
the filing of the plats under Public Resolution No. 29*of February 14, 1920, 
lands opened to general entry on expiration of the 63^:lay period. 

The lands are reported as mountainous, rolling and level with a good growth 
of erass* 



-21- 



FRCL1 SEGREGATION UNDER THE CAREY ACT* 



TOMTNg : 6798*53 acres of land in" Converse County, Douglas land district, opened 
to i cm est cad and desert land entry by qualified ex-service men of the '.Yorld War, 
beginning September 19,' 1921, at 9 A,M, Filings may be presented during the twenty 
days prior to that date* 

Any of the lands' that remain unentered will be open to homestead entry only, 
by the general public from November 22 to December 13, 1921, " inclusive, and filings 
may be presented within the twenty days immediately preceding November 22, 1921* 

On and after December 14, ' 1921, any remaining lands will be" subject to 
general disposal; that is, to appropriation by the general public under any 
applicable public land lav;* 

All the land's have been released from Carey Act Segregation and all b'jt 
about 55*51 acres are - designated under the Stock-Raising Homestead Act of December 
29, 1916 (39 Stat*, £9222), and the Enlarged Homestead Act of February 19, 1919 
(35 Stat*, 639). 

SfOeK DRIVEWAYS: Since the issuance of the last Bulletin, two stock driveways have 
been established in Wyoming, and certain lands in Idaho have been withdrawn for 
driveway purposes, and a withdrawal in Nevada and New Mexico, for such purpose, 
has been modified by departmental firders.. During this" period the total area ;\ \.x 
withdrawn is 14,1-20 acres, and the area released aggregates 22,474 acres* 

NSW LEGISLATION' ' ' 
Public No,44.67$h Congress* 
S, 488* 
An Act Providing for an exchange of lands between the Swan Land and Cattle 
Company and the United States. 

Be it enacted .by the Senate and House of Representatives of the United 
States of America in Congress assembled, That upon proper execution and delivery 
by the Swan Land and Cattle Company", Limited, a corporation, of a deed conveying to 
the United States, it's successor's and" assigns, a good" merchantable title in fee, 
free of incumbrance, tocertain lands needed by the United States for construction, 
"operation and maintenance purposes, in connection "with the North Platte irrigation 
project, Nebraska-Wyoming, i& wit: The southwest quarter of the northeast quarter 
and the southeast quarter of the northwest quarter of section twenty-five, township 
twenty-five north, range sixty-three west, sixth principal meridian, "Wyoming; then 
in exchange for such lands so conveyed a patent shall be issued by the United 
States to said Swan Land and Cattle Company, its successors and assigns, conveying 
to said company the northeast quarter of the northeast quarter of section twenty- 
six and' the northeast quarter of the southwest quarter of section twenty-three, 
township twenty-five north, range sixty-three west, sixth principal meridian. 

Approved, August 9, 1921* 



■.-32- 

Public No. 48-S7th Congress 
( S, 252) 

An Act To' am fend an Act approved February 22, 1889, entitled "An 'Act to 
provide for the division of Dakota into two States and to enable the people of 
North Dakota, South Dakota, Montana and Washington to form constitutions and State 
governments, and to be admitted into the Union on an equal footing with the o&?.gi".al 
States, and to make donations of public lands to such States*" 

Be it enacted by the Senate and House of Representatives of the United 
States of America in. Congress assembled, Thai "section 11 of the Act entitled 
Act to provide for the division of Dakota into two States and to enable the po : H .9 
of North Dakota and South Dakota, Montana and Washington to 'form constitutions : - i 
State governments, and to .- be. admitted into'the Union on an equal " 'footing wit ,ht he 
original States, and to make donations' 'of public lands 'to such States," appro \ . 
February 22, 1889, be, "and the same hereby is, amended by adding the following. 
PROVIDED, HOWEVER, That the State may, upon such terms as it may prescribe., grant 
such easements or rights in such lands as may be acquired in, to, or over the 
lands of private properties through proceedings in eminent domain: And provided 
further, That any of such granted lands found, after title thereto has vested in 
the State, to'be mineral in character, may be leased for a period not longer than 
twenty years up6n such terms and conditions as the legislature may prescribe* 

Approved, August 11, 1921* 

Public No, 49 - 67th Congress 
S. 732, 

An Act To extend the provisions of section 2455, Revised Statutes, to the 
lands within the abandoned Fort Buford Military Reservation in the States of North 
Dakot a and ' M ont ana* • 

Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, :That the provisions of section 2455, Revised 
Statutes of the United States, be, and the same are hereby, extended to all nonmineral 
lands within the abandoned Fort Buford Military Reservation in the States of North 
Dakota and Montana, which were "restored to disposal under the homestead, town site 
and desert -land laws under the provisions of the Act of May 19, 1900 (Thirty-first 
Statutes at Large, page 180)* 

Approved, August 11, 1921. 



-23- 

CONSOLIDATED WORK REPORT OF LOCAL LAUD OFFICES 
FOR MONTH OF JULY 1921. 



End Lact Month 



Received and 
Disposed of 



End of This 

Month 



.:.'■■ : 


Pend- 


Sus- : Pend- 


Rec' d. : 


Trans-: 


Nov/ : 


NOV/ : 


Pend- 




ing 


p ended": ing un- • 


in : 


mitted : 


pend- : 


sus-: 


ing 




desig- 


reject-: acted on 


this : 


to GLO : 


ing ' : 


pen-: 


unacted 




nation 


ed - : by R & R 


month : 


this : 


desig-: 


ded : 


on by 


^OFFICES : 




other- : 




month : 


nation : 


rejec- 


R & R 






wise : : 








ted • : 
other: 
















wise : 




Alabama : 
















Montgomery : 




28: : 


21 : 


21 : 




28 : 




Alaska : 
















Fairbanks (a) 
















Juneau 




145 


131 


114 




162 • 




Nome" (a) 
















Arizona ci'.v. 
















Phoenix 


434 


419 : 


267 


388 : 


430 


302 : 




Arkansas 
















Camden 




25 : 


9 


7 




27 • 




Harrison 




18 : 


73 


72 : 




24 : 




Little Rock 


2 


138 : 


70 


79 : 


2 


129 : 




California 
















El Eentro (a) 
















Eureka 


71 


20 : 1 


41 


34 . 


70* 


28 : 


1 


Independence 


85 


124 : 


72 


116 ■ 


66 


99 : 




Los Angeles 


75 


176 


130 


104 


77 


200 : 




San.iIraa-cisco 


236 


88 •■ 


58 


48 


233 


101 : 




Susanville 


120 


31 : 


90 


44 


174 


23 : 




Vis alia 


55 


130 : 


57 


88 


41 


163 : 




Colorado 








_ 








DelMorte 


79 


11 : 


23 


21 


8 


84 : 




Denver 


273 


58 : 


93 


78 


283 


58 • 




Durango 


147 


57 : 


85 


93 


125 


71 




Glenwood 
















Springs (a) 
















Hugo 


10 


12 4 


3 


5 


10 


10 




Lamar 


224 


]02 : 


. 128 


191 


223 


: 40 




Leadville 


79 


57 : 


: 75 \ 


/ 76 


84 


: 51 




Montrose 


261 


106 : 


. 13I*> 


93 


2S2 


: 123 




Pueblo 


675 


497 : 26 


: 318 


529 


429 


358 




Sterling 


130 


40 : 


: 42 


52 


122 


. 38 




Florida 

Gainesville 




'• 19 ; 12 


: 46 


: 49 




23 


■ 5 


Idaho . , . : 
Blackfoot 

Boise 


403 
625 


244 : : 59 
72 : 


: 150 
-.109 


'• 129 
: 159 


: 469 
: 57 3 


: 211 

v 74 


; 47 



-24- 



Coeur d'Alene 

Hailey 

Lo;. iston 
Kansas 

Topeka 
/Louisiana 

Baton Rouge 
Michigan 

Marquette 
Minnesota 

Cass Lake 

Crookston (u) 

Duluth 
Mississippi 

Jackson 
Missouri 

Springfield 
Montana 

Billings 

Bo z eman 

Glasgow 

Groat Falls 

Havre 

Helena 

Kali spell 

Lewiston (a) 

Miles City 

Missoula 
Nebraska 

Alliance 

Broken Bow 

Lincoln 
Nevada 

Carson City 

Elke 
New Mexico 

Clayton 

Ft. Sumner 

Las Cruces 

Ro swell 

Santa Fe 

Tucumcari 
North Dakota 

Bismark 

Dickinson 

Minot 

Will iston 
Oklahoma 

Guthrie 



(a; 



: 3 


: 28: 


: 13 : 


: 277 


: 151: 


: 71 : 


: 15 


: 40: 


: 1 : 


: 46 


32: 


31 : 




58: 


37 : 




17^ 


25 : 




41: 


26 : 




31: 


46 : 




4* 


20 \ 
1 : 


I 65 . 


137 : 


22 : 


: 318 


56 : 


54 : 


: 692 « 


303 : 


475 : 


: 371 : 


158 : : 


97 : 


: 686 


259 : 


108 : 


: 218 . 


742 : : 


111 : 


: 3 : 


27 : 


27 : 


: 891 


888 : 


380 : 


: 33 : 


24- : : 


39 : 


: 40 


21 : 


15 : 


: 20 : 


22 : : 


14 : 


: 3 • 


4 : 


10 : 


: 40 : 


98 : : 


63 : 


: 46 : 


101 : : 


47 : 


: 144 : 


30 : : 


77 : 


: 148 : 


170 : 


108 : 


: 155 


244 : 3 


220 : 


: 261 


491 : 


256 : 


: 70 


46 : 13 


23 : 


: 11 : 


9 : : 


23 : 


: 95 ■ 


17 : 


45 : 


: 14 


17 : 


43 : 


: 17 


25 : 


26 : 


: 131 


24 : 


29 : 



19 

113 

5 

44 



32 
25 

50 
18 



28 
67 
381 
132 
341 
207 
26 

'3S9 
27 

13 

17 

9 

90 
86 

109 
225 

233 

315 

56 

15 
32 
21 
32 

32 



144 
15 

47 

48 



60 
304 
333 
290 
178 
193 
3 

899 

36 

47 

21 

3 

40 
47 

108 
133 

176 

294 
50 

11 
95 
14 

17 
122 



27 

242 
36 

18 

47 
10 
42 
27 
6 



136 
67 
756 
214 
534 
571 
28 

901 
33 

16 

18 

5 

75 
61 

34 
67 

202 
399 

46 

17 
29 
39 

19 

30 



11 
5 



■25- 



Oregon 


.*. _ 




Bums 


141 


26 


La Grande 


240 


121 


Lake vicar (a) 






Portland 




7 


Roseburg 


10 


46 


The Dalles 


432 


47 


Vale 


165 


85 


South Dakota 






Belief ourche 


. 34 


63 


Gregory (a) j 






Efemmon 


94 


62 


Pierre 


91 


48 


Rapid City 


121 


180 


Timber Lake 


74 


90 


Utah , 






Salt LakeCity 


1126 . 


836 


Vernal 


33 


53 


ViTash in gt on 






Seattle 




33 


Spokane 


126 


32 


Vancouver 


14 


19 


Tall a 'fall a 


85 : 


13 


'."/aterville 


261 


73 


Yakima 


39 


8 


7i scon sin 






7/ausau 


3 


3 


'Tyoming 






Buffalo 


227 


177 


Cheyenne 


555 


330 


Douglas (a) 






Evan st on 


165 


200 


Lander 


151 


60 


Newcastle 


. 424 • 


881 



43 


48 


74 


69 


21 


16 


95 


99 


132 


126 


50 


42 



111 



60 


73 


34 


34 


211 


226 


.36 


46 


207 


402 


37 


48 


27 


: 9 


46 


43 


8 


7 


17 


18 


63 


53 


15 


16 



12 

175 
270 

101 

96 

455 



52 



10 

168 
207 

.77 

84 

450 



137 


: 25 


240 


126 




12 


10 


42 


428 


57 


163 


95 



100 
95 

121 
61 

1120 

31 



128 

14 

86 

257 

39 



228 

506 

148 
152 
457 



59 

43 

44 

165 

93 

647 

44 

51 
33 
20 
11 
87 
7 



183 
362 

241 
.71 
253 



62 



TOTAL 



: 13418 : 9895 



116: 7221 



5222 



12241: 10056 : 131 



Note (a) No report received from these offices on August 29th, 1921. 



«f26- 

APP OINTMENTS IN OFFICES OF REGISTERS 
AMD RECEIVERS. 

HARRY K. LEWIS, as Register of the Land Office at Hailey, Idaho, Commission dated 
August 16, 1921. 

JOSHUA B. CAMPBELL, as Register of the Land Office at Guthrie, Oklahoma, Commission 
dated August 16, 1921. 

MRS. EVA A. BRITTAIN, as Receiver of Public Moneys at Leadville, Colorado, 
Commission dated August 16, 1921. 

JOHN R. TOTLES,. as Register of the Land Office at Phoenix, Arizona, Commission 
dated August 16, 1921. 

MRS. HAT7IE JE.7ELL ANDERSON, as Receiver of Public Moneys at San Francisco, 
California, Commission dated August 16, 1921. 

EDGAR T. CONQUEST, as' Register -of the Land Office at Sterling, Colorado, Commission 
dated August 19, 1921. 

JULIUS P. KNABE, as Register of the Land Office at Montgomery, Alabama, Commission 
dated August 23, 1921. 

jfSDWIN E. '."/INTERS, as Receiver of Public Moneys at Montgomery, Alabama, Commission 
dated August 23, 1921. 

JAMES D. GALLUP, as Register of the Land Office at Buffalo, Wyoming, Commission 
dated August 23, 1921." 

ELZIS K. FRITTS, as Register of the Land Office at 7/aterville, Washington, 
Commission dated August 24, 1921. 

ERANK S. REED, as Receiver of Public Moneys at Glasgow, Montana, Commission dated 
August 24, 1921. 

EDWIN M. KIRTON, as Register of the Land Office at Glasgow, Montana, Commission 
dated August 24, 1921. 

MART T. CHRISTENSEN, as Register of the Land Office at Cheyenne, Wyoming, 
Commission dated August 24, 1921. 

ISAIAH E. YODER, Recoivor of Public Moneys at Cheyenne, Wyoming, Commission dated 
August 24, 1921. 



-27- 

OBITUARY, 



Belle E. Paxton, 



It is with deep regret that we record the death of Mrs. Belle E. Paxton, 
of the retired roll of the General Land Office, which occurred on August 3rd, after 
a lingering illness. 

Mrs. Paxton, who was a native of Maryland, was horn on June 9, 1863, and 
was appointed to the Patent Office from the State of Eexas in 1884. Her transfer 
to the General Land Office was effected on April 15, 1887, following which she was 
active in many branches of the work of the Public Lands Division. At the beginning 
of her last illness, Mrs. Pa-ton was and had been for many years employed in thi^ 
division, the exacting duties of which position oho invariably discharged with an 
industry and fidelity which wen for Her the highest regard and respect of her 
superior officers. ' She was placed on the retired roll of the General Land Office 
on November 14, 1920. 

The funeral services ;vere held at St. Paul's Church on the afternoon of 
August 5th. Interment was at Mt, Olivet cenetery* 

Mrs, Paxton was attended through her illness' by her husband, Uoscph H. 
Paxton, aged 79 years, who survived bar but a brief period, dying August 16th, just 
eleven days after his wife's funeral. 

Augusta H. .7ern ick._ 

A telegram received in the General Land Office August 30th, brought the 
sad tidings of the death of Miss '.Ternick, at her homo in Madison, Tisconsin, on the 
clay previous- She was absent 6n her annual leave, and no one anticipated at the 
time of her departure the fact that we had said our final farewell. 

She entered the service in August, 1915,' and from the time of her entrance 
to the end of her service she made friends on every side. Capable, efficient and 
industrious, with her heart in her work, she gave the best of her endeavor to tho 
service. ",7ith a broad fundamental education, to which was added a technical 
training, she was unusually well qualified for the wo-k to which she was assigned 
in this office. Of a happy disposition, a keen appreciation of humor, and ready 
in acts of kindness, her associates will long hold her memory dear. 

Harvey H.^ Frien d ._ 

The Washington Post of the 10th ultimo contains a notice of the death of 
Mr. Friend which occurred in Atlantic City the Saturday previous. The article in 
tho Post giver somewhat in detail a sketch of Mr. Friend's earlier life, and his 
later connection with the Interior Department, prior to his entering the general 
practice of law in this city- 

Mr. Friend came to Washington in 1885, entering as an Assistant Attorney 
in the office of the Assistant Attorney General for the Interior Department (now 
office of tho Solicitor for the Interior), where he very soon became identified with 
the best talent in that office. At that time many questions were pending before 
the Secretary of the Interior- ^ then Mr. L. Q. C. Lamar, relative to the construction 
of the Pacific Railway grants; questions that have no?; so long been settled that wc 
forget how much difficulty was experienced in arriving at the solution which was 
ultimai 1/ accepted by the Department, as well as in the courts. To Mr. Friend i.i 
largely due many of the more important decisions in this line of work. Doubtless 
due to the ability he thus manifested, he was selected by Mr. Lamar, as his private 
secretary, when he became a Justice of tho United States Supreme Court, for it is 
well known to the writer that Justice Lamar, on many occasions, gave great credit tc 
Mr. Friend for the assistance ho rendered in cases that came before him for his 
action. 



-28- 

After the death of Justice Lamar," Mr. Friend entered the practice of l-:r 
in this city on his own account,' and ultimately became a member of the law fircn 
of Bur.dett, Thompson and Lav/, where his prior experience in public land mattery 
served him as an excellent preparation for the line of practice upon which he then 
entered. 

A sound lawyer, a faithful "friend, a courteous gentleman, the Washington 
bar and the Land Department equally mourn his loss. 

Another Resignation . 

Robert J. F. McElroy was appointed a copyist in the General Land Ofi J :- 
at a salary of $900 per annum, September 21, 1900, After passing through th 
various intermediate grades he Was appointed a law examiner, $2,000 per axav ■ 
on September 16, 1917, which position he held at the time' of his resignation 
August 15, 1921. Through constant study, application of his" knowledge of lav,, 
and sheer hard worker. McElroy became, 'and is an authority on all matters 
pertaining to the line of work with which he was identified for more than 20 years* 
He'leavos the service, not because of lack of interest, lack of work, or want 
of appreciation by his associates, but solely because of better opportunity 
afforded elsewhere. His friends, and they are many, wish "Mac'' the best success 
in his new line of endeavor. 

BIND YOUR BULLETINS. 

Officials and members of the Land Service receiving copies of the 
Bulletin should assemble and transmit to the General Land Offic the numbers 
constituting volume four, which will in due time be indexed, bound, and returned. 

TELL THE BULLETIN. 
To all Local Offices and Field Service Employees. 

If anything occurs, in the public land service, which yoS - • . * * 

think should be chronicled, tell us about it. Address all communications to 
the Commissioner of the General Land Office, "Land Service Bulletin." All 
communications should be received not later than the 24th of each -month for use 
in the current number. 



3481 



By di| 
is pui. 

transit 




jctionaf the- Secretary of the interior the matter contajafoed herein 
:ished as administrative information and is required foti the proper 



1 tiifia. ...QiLt Ja&_pub.lic . bus ine s s , 



Vol. 6. 



October 1, 1922. 



No. 8. 



EQUITABLE nD JUDICAL ION. 

Congress, just prior to its recent adjournment, took favorable 
action upon proposed legislation submitted by the Department' looking 
toward the abolition of the Board of Equitable Adjudication, and confer- 
ring its authority upon the Secretary of the Interior. 

The Board of Equitable Adjudication, as it has heretofore ex- 
isted, was established and its powers defined by sections 2450 to 2457, 
inclusive, of the Revised Statutes, substituting the Secretary of the 
Interior for the Secretary of the Treasury as one of the Board. Under 
these sections the Board of Equitable .ad judication consisted of the 
Secretary of the Interior, the Attorney General, and the Commissioner of 
the General Land Office, and was authorized "to decide, upon principles 
of equity and justice, ***** all cases of suspended entries of pub- 
lic lands ***** and to adjudge in what cases patents shall issue upon 
the same*" This Board had no power to adjudicate adverse claims between 
contesting parties, but only as between the United States and claimants 
in cases whore the law had been substantially complied with, but where 
error or informality has arisen through ignorance, ^accident, or mistake, 
which is sat !.a factor ily «* 

In practice under this scheme it was necessary for the Commis- 
sioner of the General Land Office to prepare and submit the list of 
cases coming within the regulations adopted thereunder for the considera- 
tion and approval of the Secretary of the Interior, after which they were 
submitted for similar consideration by the Attorney General. 



Due to the largo number of cases arising properly subject to 
equitable adjudication, there has been, even with the utmost of coopera- 
tion, more or less delay attendant upon the necessary duplication of the 
work involved. Hence, the possibility of expediting the disposition of 
these suspended claims, in order that public-land entrymen should 



reccivo their patents with as little delay as possible, was taken up be- 
tween the Department of Justice and the Interior Department, and the 
conclusion reached that the existence Of the Board as such Was no longer 
roquircd, but that its duties could be discharged by the Secretary of the 
Interior to the great advantage of both Government and public interests* 

The bill received the approval of the President September 20, 1922, and 
a copy of it follows here below. The Department and the public land scr- 
vico is to be congratulated upon the abolition of this ancient and cum- 
bersome method of handling a class of cases which ordinarily foil under 
the jurisdiction of the Secretary of the Interior. 

(public— No. 316— 67th Congress.) 

(H. R. 10443.) 

An Act To repeal sections 2453 and 2454, and to amend sections 
2450, 2451, and 2456, Revised Statutes of the United States. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled , That sections 245u,aad "", 
2454, Revised Statutes of the United States, be repealed az\d sections 
2450', 2451, and 2456 be amended to read as follows: 

"Sec. 2450. That the Commissioner of the General Land Office is 
authorized to decide upon principles of equity and justice, as recognized 
in courts of equity, and in accordance with regulations to be approved by 
the Secretary of the Interior, consistently with such principles, all 
cases of suspended entries of public lands and of suspended preemption 
land claims, and to adjudge in what cases patents shall issue upon the 
same. 

"Sec. 2451. That every such adjudication shall be approved by 
the Secretary of the Interior and shall operate only to divest the United 
States of the title to the land embraced thereby, without prejudice to 
the rights of conflicting claimants. 

"Sec. 2456. That where patents have been already issued on en- 
tries which arc approved by the Secretary of the Interior, the Commission- 
er of the General Land Office, upon the canceling of the outstanding pat- 
cnt-j is authorized to issue a new patent, on such approval, to the person 
who made the entry, his heirs, or assigns." 

Approved, September 20, 1922. 

SURVEY NOTES. 

Surveys in the Field. 

The Supervisor of Surveys reported, on September 1, that there 
wcro 92 surveying parties in the field actively engaged in surveying the 
public lands. This, so far, is the high water mark for the season and 
will probably remain so as field activities in the higher altitudes will 
shortly be interrupted on account of early snows. At this time work is 

-2- 



in progress in each of the surveying districts under parties distributed 
as follows: Alaska, 4; Arizona, 2; California, 8; Colorado, 8; Idaho, 7; 
Montana, 12; Nebraska and South Dakota, 4; .Nevada, 4; New Mexico, 6; 
Oregon, 7; Utah, 14; Washington, .5; Wyoming, 4; end 'Eastern District, 7. 
The general appropriation for surveying the public lands carries the ex- 
pense of the major portion- of -the work, or 78, parties, .leaving the re- 
maining parties to. be cared for as follows: ^ Appropriation for surveying 
' and allotting Indian reservations, 5; . special deposits- 1 by individuals, 
1; and special appropriation by the State of . Utah, 8. 

' Grand Canyon National' Park . 

The attention of the Department was recently called to the fact 
4 thai On that portion of the north boundary of the Grand Canyon national 
Park, Arizona, ,. coincident 'with the south" boundary of the Kaibab National 
Forest; on the' north rim of the canyon, where the common boundary is 
describod'as following certain township and section lines of the public 
surveys not yet' established— an estimated, distance of about 40 miles-— 
the (Question of the areas to be administered by the officers of the re- 
spective services was uncertain. That the ascertainment of such., boun- 
' dary was particularly important in connection with fire ■ prevention, tres- 
pass, and 'other like matters, because of the difference in laws, appro- 
priations, and other pertinent factors, . 

The National Park Service .expressed its earnest desire that the 
necessary surveys be made at the earliest practicable date, and was ad- 
vised that, in keeping .with our cooperative usage, this office would im- 
mediately, upon 'receipt 'of instructions from the Department to that ef- 
fect, take the 'necessary" steps looking toward the oxocution of the surveys 
dosircd. _ , 

The 'suggested instructions were issued by the Department on. 
September 12, and the assignment necessary was promptly arranged for 
through the supervisor's office. . It is understood that the surveys will 
be 'completed this fall. 

The Ephcmcris for 1923 . 

The computations for tho Ephcmcris of the Sun and Polaris for 
the calendar year 1923 ore now being made by Mr. A. D. Kidder, Associate 
Supervisor of Surveys, with the, prospects that the completed. work will be 
available well before; the first of the year. 

The annual demands for the Ephcmcris extend throughout both 
tho Gove rnmc nt ■ and private engineer fields and in some instances the data 
has been the subject of reprint by private agencies. . This leads to ad- 
vanced calls for the pamphlets which in past years have not always been 
promptly met due to the large and important demands upon the Associate 
Supervisor of Surveys for other work, but the present indications are 
that there will be no disappointments this year. 

-3- 



ROCKY MOUNTAIN NATIONAL PARK, COLORADO* 

The attention of the Surveying Service has -just been called to 
the fact that the boundaries of the Rocky Mountain National Park, Colorado, 
as created by the act of January 26, 1915 (38 Stat. ,798), and amended by 
the act of February 14, 1917 (39 Stat., 916), do not follow in all places 
the lines of the rectangular system of public land surveys as laid down 
upon the ground, but instead, follow certain natural topographic features. 
The result is that many subdivisions defined by the rectangular system of 
surveys include lands both in and out of the park and until the boundary 
line through these subdivisions has been actually surveyed and monumented, 
and new plats prepared showing the areas and descriptions of the parcels of 
land within the park, separate and distinct from the parts not so reserved, 
the public land laws, in so far as the disposal of the lands are involved, 
can not be properly administered. Already entries have been allowed for 
lands within the park because of the fact that the boundary lines have not 
been surveyed and placed of record, and to safeguard the park from further 
incursion the register and receiver have been instructed to allow no 
further disposals of subdivisions invaded by "the park until the boundary 
line through such subdivisions has been marked by an actual survey and the 
returns placed of reoord. The U. S. Surveyor General, was directed by let- 
ter of September 13, 1922, to provide for the survey of such irregular 
portions of the park boundary as adjoin the ^unreserved public lands. 7 It 
is possiblo that the field work will be completed before winter. 

FIEID SERVICE NOTES. 

Mineral Examiner Lcroy A. Palmer, temporarily assigned to Alaska 
for the summer, has returned to the San Francisco Division. 

Chief of the Alaska Field Division, George A. Parks, returned to 
Juneau on September 12 after four months spent in the field. 

Special Agent W. B. Burt, who has been Acting Chief of Field 
Division at Cheyenne for the past several' months, was married September 9, 
at Clear Lake, Iowa, to Miss Jessie Frances Logan,- of Clear Lake. They are 
new "at home" at Cheyenne. 

Special Agent Robert W. Dyer, of the San Francisco Field Divi- 
sion, has been appointed Chief of the Cheyenne Field Division, 

William S, Wade, who resigned from the Field Service in 1914 
after several years as a Special Agent, has been appointed a Special 
Agent in the excepted class and assigned to the Helena Field Division. 

Special Agent A. W. Thompson, of the Denver Field Division, was 
a caller at this office September 25, en route to visit at his old home 
in Maine. He was accompanied by Mrs. Thompson. 

A. C. Beach, Assistant Chief of Field Service, who for the past 
month has been in charge of the 'Jhcycnnc Field Division, returned to Wash- 
ington September 21. 



.4- 



Docket Items . 

One suit won in Montana ond 320 acres recovered. Six indict- 
ments for per jury in New Mexico and four indictments in New Mexico for 
intimidation, under section 19 of the Penal Code. 

From Denver . 

The U. S. Circuit Court of Appeals on September 11, 1922, the 
opening day of the circuit at Denver, rendered a decision on the appeal 
taken by George F. and Ernest W. Roberts, who were sentenced on October 
8, 1920, to eighteen months in the federal penitentiary at Leavenworth, 
Kansas, for annoying, harassing, and intimidating homesteaders. The con- 
victions were hod on a violation of section 19 of the Penal Code. The de- 
cision of the Court of Appeals affirmed the action of the U. S. District 
Court as to the penitentiary sentence, but directed the lower court to im- 
pose only one fine instead of two fines, as the defendants had been fined 
$1 each under one indictment and $2,500 each under the second indictment. 

It is understood that when the lower court acts on the instruc- 
tions of the Circuit Court of Appeals as to the fines, the defendants 1 
attorneys expect to attempt an appeal to the United States Supreme Court. 

The Roberts Brothers are among the most prominent cattlemen in 
Colorado. 

The annual meeting of the Northwest Colorado Stockgrowers ! Fed- 
eration, which is composed of 9 stockgrowers 1 associations, was held at 
Haydcn, Colorado, on September 14. At the request of this office invita- 
tions to attend the meeting were issued by the officials of the Federa- 
tion to the officials of the Uintah Wool Growers' Association in order 
that the latter might present their reasons as to the necessity for a stock 
driveway from western Colorado into the White River National Forest. 

A joint meeting was held the evening of the 14th and lasted un- 
til 1 o'clock the following morning. The cattlemen refused to consent to 
a stock driveway over the public lands to the White River Forest. 

Several of the special agents of the Denver Division, the as- 
sistant chief of field division, and the chief of field division attended 
the meeting. 

From Los Angeles , 

John W. O'Day, of Los Angeles, Calif., was on June 30, 1922, sen- 
tenced in the District Court of the County of Orange, at Santa /ma, Calif., 
to the State prison at San Quentin, Calif., for an indeterminate term of 
from 1 to 10 years, having been convicted of grand larceny. The crime con- 
sisted of selling and causing to be removed from the properties of the Sun- 
rise Consolidated Oil Company a derrick and complete drilling outfit which 
the company had erected and installed upon the SW|- Sec. 34, T. 5 S., R. 7 
W, , S.B.M., the lands embraced within a tract upon which the company had 
been granted a permit to prospect for oil under section 19 of the act of 
February 25, 1920. 



O'Day was in 1915 convicted in the United States District 
Court, at Los Angeles, of perjury and served a jail sentence of one 
year. In that case he caused fictitious annual reports to be filed 
in the United States Land Office, in Los Angeles, alleging certain 
valuable improvements to have been made upon desert-land entries when 
no improvements whatever had been made. 



FROM THE REGISTER, GLENT/OOD SPRINGS. 
In my estimation, one of the most commendable actions of the 
Department of late was the issuance of Circular No. 839 calling es- 
pecial attention of the registers and receivers to pending cases that 
have been long delayed in action. In past years these delays have 
been the occasion of much criticism, although in a measure unjust, as 
errors will creep into the conduct of any business, governmental or 
private. The commendable thing is the effort of the Department to 
discover end correct such errors and this action will certainly be ap- 
preciated by at least that part of the publio which has business with 
the land department . It is my belief that many registers and receiv- 
ers have hesitated to call the attention of the Commissioner to these 
delayed cases, fearing that such action might be construed as a criti- 
cism of the administration of the office. Personally I do not consid- 
er this to be the proper spirit and the issuance of this circular will 
result in a better spirit of cooperation between the local and the gen- 
eral offices and we in this office have taken the liberty of giving it 
general publicity through the newspapers of our district in order that 
the general public may be apprised of the efforts now being made in 
their behalf through this cooperation, and that they themselves may 
assist in these endeavors to bring up to date all cases now pending. 

-5a- 



ALASKA . 

Extracts from the Annual Report of the 

Surveyor General of the Territory . 

Alaska is one-fifth the size of the United States and its great 
area of about six hundred thousand square miles spreads from the temperate 
eone to the Arctic Circle. About three-fourths of this area lies below 
the Arctic Circle and comprises a splendid belt of fertile soil, and it is 
estimated by Government authorities that the area of the valleys and plains 
aggregate thirty thousand square miles on most of which cattle can be win- 
tered without feeding. The valleys arc well watered and well timbered, and 
the coldest days of winter arc not as cold as reported from time to time in 
the prairie States like Montana, North Dakota, and Nebraska, With the com- 
pletion of the Government railroad and the transportation rates reduced, a 
great increase in the mining, agricultural, and other industries will no 
doubt occur. 

The first concern of a settler is in the title of his homestead 
or land, hence the early extension of the surveys along the line of the 
railroad and over areas which are tributary to it in both the Susitna and 
Tanana valleys is of essential importance. There are, also, many isolated 
settlements between the rectangular surveys in these valleys that may bo 
surveyed and referred to the Soward or Fairbanks meridians. Such settle- 
ments exist and could be surveyed even if it involved the surveying of non- 
contiguous townships. An extension of the surveys further to the west of 
Fairbanks 5 along the Tanana River, is also required to cover the Hot Springs 
and Tanana regions, 

Many applications for surveys of homesteads and mining claims in 
the Kuskokwim Valley and between it and the Yukon River have been received 
by this office. The cost of employing and taking a surveyor to the place 
of survey by an individual or business concern makes such surveys prohibi- 
tive. The rectangular surveys should be extended to cover these settle- 
ments . for they could be surveyed far more economically than as isolated 
tracts under the act- of Congress of June 28, 1918, 

From reports of the U. S. Geological Survey it is learned that 
the Kuskokwim Valley may be divided into three natural geographic provv." 
inces — -a lowland province, which lies along the northwestern flanks of 
the Kuskokwim Mountains and extends about 200 miles inland from the mouth 
of the river on Bering Sea; a central province, along the middle length 
of the river, which is deeply intrenched for a distance of about 150 
miles from cast to west across the entire width of the Koskokc.dm Mou— t ain 
"belt, diagonally transverse to the trend of the mountains; and an extensive 

-6- 



interior basin province, which lies along the southeastern flanks of the 
inland section of the Kuskokwim Mountains and is occupied by the large 
headwater branches and upper course of the main river. 

The surveys should be further extended on the north side of Icy 
Strait, where there is a magnificent belt of fertile soil ready for the 
plough. There are many inquiries concerning the Chilkat Valley and the 
rectangular net should be further extended there. 

• There is a great deal of pasture land in the' valleys of south- 
eastern and southwestern Alaska, and it has been demonstrated that stock 
can be profitably raised, red top and other nutritious grasses being 
abundant* ' On Kodlak Island, where probably the greatest number of set- 
tlers are to be found, the same conditions prevail. There are a number 
of settlers in. the Eagle River Valley, where the settlers find a ready 
market for their products in Juneau. 

The adaptability of these valleys for agricultural pursuits has 
been referred to in previous reports of this office and of the surveying 
service, as well as in the reports of the U. £.. Geological Survey. The 
rectangular surveys should be extended so as to include them. 

While it is desirable that where there are a number of settlers 
the public surveys be extended to embrace such settlements, there are many 
isolated tracts to be surveyed, and it will be necessary to survey them as 
such, under the provisions of the act of Congress, approved Juno 28, 1918, 

In my last annoc.1 report it was said that, under the provisions 
of the act of Congress, approved February 25, 1920, permitting the leasing 
of oil-bearing land, there had been received in the Juneau land office 486 
applications for prospecting permits covering 1,104,673 acres, up to June 
30, 1921. 

During the fiscal year ending June 30, 1922, there have been re- 
ceived in the same office, applications as follows: 

Cold Bay region, 222 applications for 564,170 acres. 



Litv.ya Bay u 


1 


Aniakshak " 


35 


Iliamna " 


23 


Susitna " 


38 


Anchorage " 


24 


Rachemak " 


5 


Seward " 


1 


Ratal la " 


29 


Yakaiaga " 


32 


Cape Spencer " 


3 


K-illisnoo " 


1 


Admiralty " 


1 


Total 


415 



2 J 560 


r. 


115.560 


ii 


90,360 


ii 


99,200 


it 


53, 930 


ii 


12,800 


ii 


2.D60 


1! 


97,013 


II 


79 ',600 


II 


7,680 


II 


2. ,530 


II 


2,560 


II 


,131,715 


II 



-7- 



With the exception of Wasilla, Anchorage, and Kaohemak, whore 
the public surveys have been extended, the applications covered unsur- 
veyed land, and were not connected to any location or other monument, the 
georgaphio position of which \-?as known, and it could not be determined in 
the land office whether or not the applications conflicted or overlapped or 
whether two or more wore not for the same tract. 

During the past year several miles of township boundaries were 
surveyed in both the Cold Bay and Yakataga regions. Similar surveys are 
required in most of the regions mentioned above, but especially in the 
Tliamna and Katalla regions where much drilling and development work are 
being carried on. 

It might not be necessary to subdivide the boundaries into town- 
ships until the value of the claims has been demonstrated. If this can 
not be cone, location monuments should be established with their known 
geographical positions given so that maps with the claims correctly de- 
lineated thereon can be drawn. 

ANNIVERSARY CONVENTION OF THE 
AMERICAN MINING CONGRESS. 

At the Twenty-fifth or Silver Anniversary Convention of the Amer- 
ican Mining Congress, at Cleveland, Ohio, October 9 to 14, the general 
theme will be "increased efficiency as the basis for progress in the mining 
industry." Subjects to be discussed will embrace the outstanding features 
of the past twenty-five years of mining development, vital requirements of 
the mining industry, standardization of raining equipment, coal problems, 
oil shale, the metal mining industry and. Federal and State taxation cover- 
ing mining property. 

There will also be held the Annual Exposition of Mines and Mine 
Equipment covering exhibits of the most modern mining machinery by prac- 
tically all the leading manufacturers of the country. 

Vice President Calvin Coolidge or Senator George Wharton Pepper 
of Pennsylvania will be the principal speaker at the first day's session, 
October 9, 

Industrial Relations will be discussed on October 10 by John D. 
Rockefeller; W. W. Atterbury, of the Pennsylvania Railroad; Arthur Young, 
of the International Harvester Company; P. G. Beckett, of the Phelps Dodge 
Corporation; George W, Jones, coul operator of Toledo, Ohio; and W, A. 
Grieves, of the Jeffrey Manufacturing Company, Columbus, Ohio, 

W» J. Loririg, of San Francisco, President of the American Mining 
Congress will speak on the development of the work of the organization fol- 
lowed by addresses by Governor C. R. Mabey of Utah, Senator Atlee Pomerene, 
and Representative S. D. Fess of Ohio, 



Coal Sessions . 

The sessions of October 11 will be. largely devoted to considera- 
tion of the coal industry, among the speakers being A. M. Ogle of Indiana, 
President of the National Coal Association, on bituminous and S. D, Warri- 
ner of Philadelphia on anthracite, and in addition* C.- E. Morrow of Cleve- 
land, Vice President for Ohio for the American Mining Congress. October 
12 vd.ll be Standardization Day, the program for which has been previously 
announced. The metal mining industry will be considered on October 13, 
with addresses by speakers to be announced later. At night the annual 
banquet of the American Mining Congress will be held, with addresses by Sir 
Auckland Geddes, the British Ambassador; Secretary Of Commerce Hoover, and 
Charles M. Schwab, 

The convention will close on October 14 with passage of resolu* 
tions and election of officers. 

Tax Questions . 

Valuations of mining properties for the purpose of Federal income 
taxation will be discussed at the Third Annual Conference on Mine Taxation 
at the convention by R. C. Allen of Cleveland, Vice President of the Lake 
Superior Iron Ore Association, with discussion by the following consulting 
raining engineers: R, V. Norris, Wilkes-Barre, Pa., Howard N. Eavenson, 
Fittsburgh, and W. R. Ingalls, New York Citjfc and also by L. P. Barrett, 
Mining Geologist of Michigan, George E. Holmes of New York will speak on 
invested capital of mining corporations, with discussion by Willieu B. 
Gower of New York of the American Institute of Accountants. Special cases 
arising under the mining provisions of the tax lav/ will be discussed by 
Robert N. Miller, Washington, D. C, former Solicitor of Internal Revenue. 
Paul Armitage of New York will discuss depletion dividends with other ad- 
dresses by Wayne Johnson, of the American Petroleum Institute and Arthur 
Balentine, former Solicitor of Internal Revenue. 

Mine accounting methods in relation to Federal taxes will be dis- 
cussed by T. 0. McGrath of Bisbeo, Arizona, with remarks by T. T. Brewster 
of St. Louis, Mo., Director of the American Mining Congress, William A. 
Remer of the Trojan Mining Company, Deadwood, South Dakota, and H. B. 
Fernald of New York representing various companies. 

There will be disoussion on settlement and compromise of cases 
with the Internal Revenue Bureau participated in by L. 0. Evans of New 
York, representing the Anaconda Copper Mining Company. Mine taxation in 
Louisiana will be discussed by Walter Renton Ingalls of New York, consult* .... 
ing mining engineer representing the Union Sulphur Company with a discus*:..,, 
sion on State taxation of mines by various State tax commissioners, in- 
cluding L. L. Lev/is, Auditor General of Pennsylvania; A. V. Louthan, 
State Tax Commissioner of Tennessee; W. S. Hallanan, State Tax Commissioner 
of West Virginia; and L.P. Barrett, Mining Geologist of Michigan. 

Dr. T. S. Adams of Yale, formerly Tax Adviser of the Government 
and other authorities on taxation are expected to attend. The Commission- 
er of Internal Revenue and the Tax Simplification Board of the Internal 
Revenue Bureau will be represented at the Conforarice. 

-9- 



Southern Division A. M» C . 

The preliminary program- for the meeting to be held at Chattanooga, 
Tennessee, on September 29 by the American Mining Congress for the purpose 
of reorganizing its existing State Chapters into a Southern Division will 
include many subjeots of vital interest to the expanding mining industry of 
the South. 

Federal taxation, transportation, power, and the effect of the new 
tariff low in promoting the development of mining products will be among the 
leading questions to be considered. The railroad situation will also be < 
considered in the light of the present disorganization of the service be- 
cause of the railroad strike and the active resumption of coal mining fol- 
lowing the close of the coal . strike* The question of car supply will be 
gone into for the purpose of determining the nature of the car supply in 
December, June, and a year hence* 

The question will be considered whether a mining operator is jus- 
tified in installing machinery and other equipment at this time for a large 
output as there is considerable doubt as to whether he can obtain transpor- 
tation for the machinery and the products mined. 

In the tariff field consideration will be given to the problem as 
to what benefits will accrue to producers of manganese, graphite, barytes, 
pyrites, lead, and zinc as the result of the tariff changes made by Con- 
gress in the pending tariff bill. The question of how long a time will 
elapse before the American tariff will check the disastrous imports of 
graph:.te from Ceylon and Madagascar will be considered as these v^ar stocks 
of graphite which have been flooding the market have prevented the return 
of the American industry to normal. 

Another vital question to bo considered will be the possibility 
of opening up on a substantial scale of American producers of manganese 
under the duty imposed on the foreign product by the pending bill* In the 
matter of freight rates, the southern industries are greatly concerned as 
pyrites oompetes with American sulphur in the manufacture of sulphuric 
acid, freight rates to acid factories being the controlling factor. The 
question as to what pyrites producers need and may expect in the matter of 
freight rates will enable them to continue active operation will also be 
considered. 

CRICKET IIWASION OF COLORADO. 

Kansas has its grasshoppers and now northwestern Colorado has its 
crickets. Many applications for leave of absence are being filed in the 
Glenwood Springs, Colo., land office by settlers in certain parts of the 
district bordering on Utah as the result of raids upon crops by armies of 
what are locally termed "Mormon Crickets," 

"When first noticed by the homesteaders these insects were about 
the size of common crickets and light brown in color and received the 
appellation of "Mormon" from the fact that they were marching eastward from 
the direction of the Utah line and were supposed by the settlers to have 
originated in that Stdbe, They march and hop in armies of countless 

-10- 



millions, in many places so dense that they are unable to avert danger and 
traveling animals crunoh them underfoot. 

These armies devastate fields of grain and gardens and many set- 
tlers have lost their entire crops. As the season advances aid the crops 
disappear the crickets grow in size until, they attain an apprcximabfe 
length of 2 inches and the color' changes to a dark brown or black. In. 
this state they would undoubtedly be greatly relished by the grasrhopper- 
eating Indian tribes that formerly inhabited some parts of the West. 

Although equally; destructive as the grasshopper wherever the ar- 
mies go, fortunately they cover Only small local areas, and fie Us liot in ; 
the direct line of march are usually undisturbed. For this reason the af- ~ 
flictcd country vail not be depopulated but many of the unfortunate home- 
steaders will be compelled to go elsewhere in order to recuperato their 
finances sufficiently to be able to return a year or. so later and again 
face the vicissitudes of homesteading. 

■ •• PATENTS.- FOLLOW FINAJ.. PROOF .. 
.... I7ITH0UT DELAY. 

Announcement of the receipt, so far in September $ of 25 patents 
for homestead entries, on which final proof has been , made, was accompanied • 
Tuesday at the U» Si Land Office with the statement, that the policy of the 
land department will be further to diminish red tape and' the length of 
time" patents are withheld. settlers. 

Of' 9 patents received Tuesday, several were issued in less than 
6 months from the date of .final proof,' which is considered noteworthy in the 
office administration, since heretofore several years have elapsed in many 
oases before homesteaders received their patents. 

The diminishing of time and red-tape will serve both State and 
holders of the land, it was pointed out, in that the State may more quickly 
levy and collect, conmon land taxes, while the settler may go ahead with his 
improvements without .fear of loss of ownership. 

- The area involved in the patents reported Tuesday is 15,000 acres, 
and-n^i, of the land is classified as desert or stockraising. The patentees 
ar^ i-;rs. William H. Puckett,.M. Guy Reynolds, A. W. Stone, John E, Freeman, 
Gerald E. Stanfield, Belle Applegate, C. F. Bean, Carrie F. Allen, and John 

R. Ranike. — Idaho Stato.^man . 

GOOD WORDS "FOR GOOD WORK. 

• Western men in the Land Office ,at Washington and a resultant real 
regard for the Interests of the West are responsible for the speed" with 
which homestead patents are now being forwarded from the nation's capital 
and the increasing attention to homestead needs., Frank 0, Horthrup, re- 
ceiver of the Portland land office, thinks. Sixty to 90 days is now the 
average time elapsing between 'issue by the local office of certificate of 
title and receipts from Washington of the final patent. 



-11- 






Fourteen patents, none of which had been authorized by certifi- 
cate of title more than 90 days, some of them even as low as 60 days, ar*» 
rived Friday at the Portland office. 

Notifications have been sent to the following men and women who 
have proved up on homesteads: Harry A. Anderson, Cascadia, Oreg.; Poter 
Caron, Sandy, Oreg.; August Schoenberg, Estacada, Oreg.; Earl Day, Esta- 
cada, Oreg # ; Harvey C. Brown, Dallas, Oreg.; Grant U. Heth, Molalla, Oreg.; 
Charles C. Crane, Scappoose, Oreg.; Andrew E. Verdegan, Eagle Creek, Oreg.; 
William L. Palmer, Estacada, Or eg.; Laura Phillips, Blodget, Oreg.; Amos 
Burns, Mulino, Oreg.; Allan G. Blaker, Timber, Oreg.; and Walter E. Kooh, 
Bull Run, Oreg. Portland Oregonian . 

THE SMALLEST HOMESTEAD THUS FAR. 

Guthrie, Okla. , September 25, 1922. 

To the Bulletin: 

In your last issue reference was made to a small homestead em- 
bracing only eight-hundredths of an acre. This office can go you one 
better. Since the first of the year a number of small tracts have been 
filed on at the Guthrie, Oklahoma, land office; the smallest of them being 
that of Thomas Jefferson Sides, of Oklahoma City, being lot 7-1-11-3, 
H.E.O. 13691, for six-hundredths of an acre. This has not yet been proved 
up on but the party is going ahead with his improvements and residence 
necessary to get patent. The land is near the heart of the metropolis 
of the State and is said to be quite valuable; a small tract along the 
North Canadian River. 

NEW WITCHSTICK ON OIL MARKET. 

Long Beach, Sept. 6.—Another "infallible instrument" for the 
discovery of oil has been perfected according to P. B. Travers of this 
city, who is associated with the World Oil Co, Travers olaims by means of 
the instrument oil may be located at a distance of 28 miles, which is con- 
siderable farther than "witchsticks" usually claim they can do. —California 
Oil World . 

DECISIONS OF THE COURTS AND THE DEPARTMENT. 

Plaoer Mining Location — Trespass . 

Where a party is lawfully in possession of land duly located and 
claimed for oil prospecting purposes, no rights adverse to him can be initi- 
ated by trespass. (Supreme Court of Wyoming.) 

Sparks et. al v. Mount et. al., 207 
Pacific Reporter, 1099, 

J urisdiction — Party to Proceeding . 

(1) Where the General Land Office has decided a contest in 
favor of one of the applicants, to whom a patent would ordinarily issue, the 
successful applicant is an indispensible party to a suit to restrain the 

-12- 



Seoretary of tho Interior and the Commissioner . of the. General -Land Of- 
fice from issuiigthe patent; (2 ) A decision of a- contest involving public 
lands is within the jurisdiction of the Department of the Interior, and 
its decision may not be controlled by injunction, in the absence of a 
showing of capricious or arbitrary action. (Court of Appeals, District 
of Columbia,) 

' Brady v# Fall, "Secretary of the Interior, 

' et. al., 280 Federal Reporter, 1017. . 

Oil and Gas Deposits— Ownership: , . . , ■ .f • . 

The general rule is that both petroleum and gas, as long as 
they remain in the ground, are a part of the realty, and belong to the 
owner of the land as long as they are on it, or in it, or subject to his 
control, and when they escape and go into other land and come into an- 
other's' control, the title of the former owner is gone, and when pro- 
duced on the surface they become personal property and belong to^ the own- 
er of the well, (Supreme Court of Montana.) 

Gas Products Company v, Rankin, Attorney- • 

General, 207 Pacific Reporter, 993. 

Reclamation Service— State Irrigation . , . . 

The Reclamation Service' has the ^authority to take, over the op- 
eration of a State irrigation system for. the purpose of protecting its - ; • 
claim against the district without. acquiring absolute .title to. the project. 
(Circuit Court^of Appeals.) 

New York Trust Company v» Farmers f . 
Irrigation District, 280 Federal Roporter, 785. 

Ownership of Oil and Gas in Place, • '.'•.. - 



.While oil and gas in place are not subject to absolute owner- 
ship, as specific things apart from the soil of which they form part, the 
owner of the soil alone has a right to sever and appropriate them and this 
right he may cede to another, (Supreme Court of Louisiana.) 

Allies Oil Company vs. Ayers, 92. Southern Reporter, 720. 

Oil and gas arc of a fugacious nature and belong to no one until 
actually brought to the surface of the. ground. The right of possession of 
tho oil is tantamount to posses sion-and entitles him to it who has the ex- 
clusive right to explore. 

Mexican Gulf Oil Company et.al. vs. Compania 
Transcontinental de Petroleo S. A., 281 
Federal Reporter, 148, . 

-13- 



Irrigation—Riparian Owner . 

The fact that a stream in controversy is a snail one rising 
from springs on the lands of one of the parties, does not give the owner 
of the land on vfhioh it rises any greater riparian rights than he would 
have in the case of other streams, if there is a water course flowing 
through a definod channel, but he is limited to a reasonable use thereof 
having due regard to the rights of other riparian owners farther down the 
stream. (District Court of Appeal, California.) 

Bigelow et al. v. Merz, 208 
Pacific Reporter, 128. 

HOMESTEAD QUALIFICATION— 017NERSHIP OF LAI© AREA 
OF FORMER PERFECTED HOMESTEADS NOT COUNTED. 

The Commissioner of the September 28, 1922. 

General Land Office. 

Dear Mr. Commissioner: 

The Department has considered your letter of September 18, 1922, 
in which you state that in adjudicating cases under the rule announced 
in the case of Charles Makcla (46 L.D., 509) — 

This office has required applicants to show the other qualifica- 
tions of a homesteader, including a showing as to the ownership of more 
than 160 acres of land in any State or Territory, the opinion being enter- 
tained that if the party still owned the land embraced in his former per- 
fected entry, or any part thereof, the land so owned would be counted in 
determining his qualifications under the restriction as to ownership in 
excess of 160 acres. 

The rule referred to is stated in the syllabus, as follows: 

One qualified to make entry under other homestead laws for ap- 
proximately 40 acres is qualified to make an original entry under the 
provisions of section 1 of the stock raising homestead act of December 
29, 1916, for such an area of land designated thereunder as when added 
to the area of the prior perfected entry or entries will not exceed 640 
acres, even though the latter area be not designated. 

The right to make an original entry under the foregoing rule 
must not be confused with the qualifications which must be possessed by one 
who has never exercised his homestead right or whose right has been re- 
stored by the act of September 5, 1914 (38 Stat., 712). Such persons are 
governed by the provisions of section 2289, Revised Statutes- 
No person who is the proprietor of more than 160 acres of land 
in any State or Territory shall acquire any right under the homestead law. 

The "other homestead laws" under which one can be qualified to 
make an original entry pursuant to the ruling in the Makcla case arc sec- . - 
tion 6 of the act of March 2, 1889 (25 Stat., 854), section 2 of the so- 
called Kinkaid Act (33 Stat., 547), and section 7 of the enlarged home- 
stead acts, 

-14- 



One claiming the benefits of section 2 of the Kinkaid Act need 
show only that he owns ard occupies the land embraced in his prior entry, ' 
and one who applies to make an entry under section 7 of the enlarged home* 
stead acts is not required by the provisions thereof to show other than 
that he has made the prior entry referred to therein, but one who seeks to 
make an entry under section 6 of the act of March 2, 1889, must chow that 
he is not the proprietor of more than 160 acres of land in the United 
States (Graham v. Hartman, 36 L.D., 96). However, the Department has 
never considered that it would be justified in testing an applicant's 
qualifications under the latter act, to add to the area of former home- 
stead entries still owned by him the area of any lands he may have acquired 
under other than the homestead lav;. Otherwise, it would be necessary to 
hold that Congress intended the benofits of said act to extend cr.ly to 
those who no longer owned the land embraced in their prior entries, and the 
act does not so state. In this connection, see Grove v» Bonewits (35 I.oD», 
167). 

The Department is therefore of opinion that the praotice you 
have followed, as set forth in your letter, is erroneous, The correct 
rule may be stated as follows: 

One seeking the benefits of the rule announced in the case of 
Charles Make la, supra , because qualified to make an additional entry under 
section 2 of the Kinkaid Act by reason of having made an entry in the 
so-called Kinkaid territory prior to May 29, 1908, which he still 017ns 
and occupies, or because qualified to make an additional entry under sec- 
tion- 7 of the enlarged homestead acts or under section 6 of the aot of 
March 2. 3889, must show that ho is not the proprietor of more thon 160 
acres of land in the United States acquired unde r othe r th an t he home- 
stead jaw . 

The foregoing rule should be applied to those seeking benefits 
of section 2 of the act of June 5, 1900 (31 Stat;, 267), section 2 of the 
act of May 2?. , 1902 (32 Stat,, 203), or the act of February 20, 1917 
(39 Stat,", 32b). 

Respectfully, 

E. C, FINNEY, 

First Assistant Secretary, 

CIRCULAR NO. 851. 

REGULATIONS UNDER THE TIMBER AND ST ONE LAW, 
APPROVED SEPTEMBER 20, 1922. 

Revision of regulations approved November 30, 1908 (37 L,D., 
289), as revised January 2, 1914 (43 L«D., 37), and reprinted March 1, 
1916 (Circular No. 289). 

This circular is in the hands of the printer, but it will be 
some time before it is ready for delivery. 



-15- 



CIRCULAR NO. 430. 

UNITED STATES MINING LASTS AND REGULATIONS THEREUNDER. 

This is a new edition of our mining circular brought down to 
April 11, 1922, and copies may be had on application to the General Land 
Office. 

CIRCULAR NO. 845. 

COMPILATION OF REGULATIONS CONCERNING OIL AND GAS PERMITS ANT) LEASES, UN- 
DER THE ACT OF FEBRUARY 25, 1920, IN ALASKA.. 

DEPARTMENT OF THE INTERIOR, 
General Land Office, 

Washington, August 12, 1922. 

Registers and Receivers, United States Land Offices in Alaska. 

Sirs : 

Under the authority of the act of Congress approved February 
25* 1920 (41 Stat*, 437), the following rules and regulations, taken from 
General Land Office Circular No. 672, entitled "Regulations concerning oil 
and gas permits and leases * * * authorized by the act of February 25, 
1920," as amended to October 29, 1920 (47 L.D., 437), and as since from 
time to time amended, have been adopted to govern the administration of 
said act in so far as it applies specially to the Territory of Alaska; and 
the same renumbered and with incidental verbal modifications arc recodi- 
fied as follows for the information of those concerned: 

1. General provisions under section 13 »~ Paragraphs 1 to 9 of Regu- 
lations as amended to October 29, 1920, as they appear in Circular No. 
672 contain general provisions which govern permits under section 13 of 
the act* Alterations of paragraphs 7 and 8 to meet changed conditions 
arc indicated below. 

Extension s of time,— The provision in section 13 of the act pro- 
viding for extension of the life of permits granted upon lands in the 
United States has been superseded by an act approved January 11, 1922 
(Public No. 127), which provides that the Secretary of the Interior may, 
if he shall find that any oil or gas permittee has been unable, with the 
exercise of diligence, to begin drilling operations or to drill wells of 
the depth and within the time prescribed by section 13 of the act of Con- 
gress approved February 25, 1920 (41 Stat., 437), extend the time for be- 
ginning such drilling or completing it to the amount specified i.n the act 
for such time, not exceeding three years, and upon such conditions as he 
shall prescribe. Extensions of time may be granted thereunder in proper 
cases, both in Alaska end the United States, where applications therefor i 
are filed in accordance with the Regulations, Circular No. 801, approved 
March 9, 1922. 

-16- 



Ylhcn an application for a lease of the one-fourth part of the 
area affected by a prospecting permit is. submitted, supported by the requi- 
site ovidenoe of discovery and production of oil or gas, such application 
must be accompardod by further application by the permittee, or fety an cs- 
signeo of such permittee/ for a lease of the remaining portion of the area 
described in the p rmitjjbrj in the alternative, a relinquishment nf the 
permit and waiver : 6f preference right in respect of such remaining ,arua 
must be submitted* 

2, Permits in Alaska *-- . Paragraphs 1 to 9, inclusive, of said 
"Regulations" as '• y appear in' Circular 'No. 672 trill apply to permit s in _._ 
Alaska, under sec in; en 15 of the act, with some modifications, vis: 

(a) A person, association, or corporation is authorized to hold 
five permits at one time in. said Territory— only one permit, however, in 
any one (l) geologic structure of a nonproducing field; but, for develop- 
ment purposes ^2; ^assignments to a qualified individual, corporator., or 
association outside producing oil or gas fields, for not exceeding five 
permits, whether .contiguous or noncontiguous, may be presented for the con- 
sideration of the Secretary of the Interior and his approval if he shall 
find the same to be in the public interest; hence subdivision c_ of section 
4 of the "Regulations" contained in said Circular No. 672 should be modi- 
fied accordingly in making application for permits for lands in Alaska « 
under sect.. on 13 of the act. 

(b) The preference right treated under' section' 5 of the "Regula- 
tion's" (Circular No. 672) extends for a period of six months after the erec- 
tion., of monv.ro nt and posting o'f notice provided for therein, and the period 
for markxhg of the corners is extended to one year after the granting of the 
permit. 

(c) The t5.mc for exploratory work in Alaska is four years , in- 
stead of two. .-The various, items necessary in .this exploratory work arc sot 
forth in the form cf permit provided in said' "Heg^l.atibris" (Circular No. 
672). those applying to Alaska being included in parentheses ("• ) ,. In cases 

r.:v-'urvoyed lands in' Alaska are located in field:;, where compliance 
villi paragraph 4 (d) of Circular 672 w\th reference to public survey corners 
is no 1 p-rec:'ble and conflicts may exist., the extent cf wliic'h can nob then be 
deteriijined,, permits are granted with the following additional conditions: 

"7§> This permit is granted upon the zyvrcsz condition that the 
permittee will adjust any conflict with any prior sppXicaist within six 
months from date hereof •" 

3. Permits upon .lands embraced in nonrnaneral entries,— The act 
of Congress e ' for the al- 
lowance or . Is on lend- In .' ' > oil, or gas, 
with reserval 3 of such dep~>s.l ion :or.ditiohs similar to -c^eee 
of b! 1.7,. 1914 (7.8 Stat., . Q ■';■, J rrU * t-c .Lends in the 

I tee prbyisions e. pari raph ll if said 'Circular No. 672 
w5.1j ' n cases'' where entries .are patented with a reservation 

under raid y.o J >. of March 8, 1922. 

-17- 



4. Preference right of owner of surface. — Nonmineral claimants • 
upon lands in Alaska are entitled to preference right ^permits under sec- 
tion 20 of the act, wherever the mineral deposits are reserved under the 
act of March 8, 1922 (Public No. 165), under the conditions indicated in 
paragraph 12 and subsections thereunder of Circular No. G72. 

5. Relief measures — Alaska claims— Conditions for relief under 
section 22 ; . ' . - - 

A. For permit. — (a) That claimant must have been an occupant or 
claimant of the land on February 25, 1920, under a claim initiated under 
the placer mining laws by olaimant or predecessors prior to November, 3;, 
1910, the date of the Executive order withdrawing all public lands in 
Alaska containing petroleum deposits, including those in national forests. 

(b) That claimant must have performed all acts prior to Novem- 
ber 3, 1910, under the then existing laws necessary to valid locations 
except to make, discovery. 

(c) That claimant (1) prior to November 3, 1910, must have made 
substantial improvements for the discovery of oil or gas on or for each 
location,, or (2) prior to February 25, 1920, expended not less than $250 
for .improvements on or for the benefit of each location. 

(d) That claimant must on or before February 25, 1921, or within 
six months after final denial or withdrawal of application for patent, file 
a relinquishment to the United States of all right, title, and interest in 
and to the land. This relinquishment must be in the form of an uncondition- 
al quitclaim deed,, duly executed and acknowledged, but not recorded, and 
when filed will be held for such action as the facts and the law in the 
case warrant and require. 

In addition to the above, the conditions outlined in paragraph 
(e) of section 20 of the Regulations (Circular 672) are applicable to relief 
in Alaska. 

B. For lease. -- The conditions necessary to obtain a lease under 
section 22 of the act are identical with those outlined in the paragraphs 
relating to permits in Alaska together with the following additional condi- 
tions: 

(a) That claimant or predecessors must have drilled an oil or 
gas well on the land of discovery. 

(b) That claimant must pay for one-eighth of the past production 
exclusive of that used on the land for production purposes or unavoidably 
lost, 

6, Relief that may be granted under section 22 : 

(a) A claimant qualified under .the above conditions relating to 
permits, upon complying with the conditions of the act and these regulations, 
will be entitled to prospecting permits under the same terms and conditions 
as other* permits in Alaska provided for in section 13 of the act, substan- 
tially in the form prescribed in section 6 of the Regulations (Circular No. 
672.) 

-18- 



(b) A claimant qualified under the above conditions relating to 
leases is entitled to a lease substantially in .the, form prescribed in sec- 
tion 17 of the Regulations (Circular No* 672), the rental and royalty to 
be fixed hy the Secretary of the Interior and specified in the lease, sub-. 
jeot to readjustment at the end of eaoh 20-year period of the lease. 

(c) A claimant under section 22 of the act shall be entitled to 
not exceeding five permits or leases in number, and not exceeding an aggre- 
gate of 1,280 acres in each. 

7, Royalties and rentals on oil and gas leases in Alaska : .. .. 

The royalties and rentals, payable under .oil and- gas leases granted 
in. Alaska pursuant to. sections 14 and 22 of the act of February 25, 1920, 
are hereby determined and prescribed as follows: 

.'. (a) For leases granted under, section 22 of the act, the royalty, 
shall be: (l) For the first five years from and after the date of the lease 
no royalty, except in case of leases -whereon the producing wells yield an 
average of 100 barrels or more. per well per day for the. calendar month, in 
which' event the. royalty shall be 5 per cent of all oil produced; (2) for 
the second period of five years from and after the date of each lease,' under 
section 22 of the act, the royalty upon all leases., shall be 5' per cent; (3) 
for the succeeding 10 years the royalty upon all leases under section 22 
of the act shall be 10 per cent of all oil produced. 

(b) Upon, leases, granted in Alaska, under section 14 of the act, 
the permittee who discovers oil will be entitled to a lease for one-fourth . 
of the area of the permit without payment of royalty for the first five 
years succeeding the date of the lease and thereafter shall pay a royalty 
of 5 per cent upon all oil produced. On the remaining lands inoluded with- 
in the area of the permit, the permittee will be given a preference right 
to a lease without payment of royalty for, the first five years succeeding 
the date of the lease, except in the case of leases whereon the producing 
wells yield an average of 100 barrels or more per well per day for the 
calendar month, in which event the royalty shall be 5 per cent; for the 
second five years, the lessee will be required to -pay a royalty of 5 per 
cent upon all oil produced, and for the succeeding 10 years, a royalty of 
10 per cent upon all oil produced, 

(c) No royalty will be charged in any case upon leases wherein 
the wells upon the lands .average less than 10 barrels per well per day 
for the calendar month. 

(d) No rental upon any oil or gas lease in Alaska will be charged 
during the first five years succeeding the date of the lease. After the 
expiration of the first five years succeeding the date of the lease, a ren- 
tal of 10 cents per acre per annum will be charged on all .leases, payable 

in advance; Provided , That the rentals so paid for one year. shall be credited 
upon the royalties accruing for that year, . 

(e) The- royalties on gas produced, if. any, will be fixed and de- 
termined in each lease. 

-19- 



(f) The foregoing subsections (a) to (c), inclusive, are applica- 
ble to cases where but one permit area in a single field or structure is 
held by the permittee or lessee, TThere on or more additional permits, not 
exceeding five, are secured by assignment, the rentals and royalties on one 
of the permits shall be prescribed in classes a, b, c, and d of this para- 
graph, and upon the remaining areas secured by assignment the rentals 
royalties shall be as provided in paragraph 8 of the said regulations ap- 
proved March 11, 1920, amended October 29, 1920, unless modified in a proper 
case when such a permit or lease is granted or approved. 

8. Permits for deposi ts reserved under the act of March 8, 192 2 
(public No. 16 5 ) » — The provisions relative to reserved deposits under the 
act of July 17, 1914 (38 Stat., 509), indicated on page 34 of Circular No. 
672, will be incorporated in permits in Alaska in proper cases without 
change other than the substitution of "acts of March 8, 1922 (public Ho. 
165)" for, "Act of July 17, 1914 (38 Stat., 509)," and the bond required 
will be identical with that indicated on pages 34 and 35 of said Circular 
No. 672, except for the substitution of the act of March 8, 1922, supra , 
as above indicated. 

9. Procedure in Relation to Agricultural Claims in Conflict with 
Permits or Leases, or subject to preferential Rights . — The procedure in- 
dicated in Circular Uo. 842, approved July 31, 1922, with reference to non- 
mineral entries made \rith a reservation of the oil and gas to the Govern- 
ment, will be followed where entries are made pursuant to the act of March 
8, 1922 (Public No. 165). 

10 • In General, — The general regulations as contained in said 
Circular No. 672, and as since modified or amended, are to be regarded, 
in so far as they are- appropriate and are not modified by any rule or regu- 
lation herein,, as regulations affecting oil and gas permits and leases in 
Alaska, under said act of February 25, 1920. 

Very respectfully, 

WILLIAM SPRY, 

Approved: August 12, 1922. Commissioner. 

AL3ERT B. FALL. 

Secretary, 



-20- 



Circular ITo . 847. 

DEPARTMENT OF THE INTERIOR 
General Land office 
Washington 



September 11, 1522. 

Continued use of certain unof- 
ficial forms. 



Registers and Receivers, 

United States Land Offices. 

Sirs: 

-By Circular Ho.- 807, dated February 9, 1922, you Ttere 

advised that Forms-- 4- 369b and 4— 369c should be used in final 

proofs on stock-raising homestead entries on and after April 1, 

1922, but — • 

Because of the fact that unofficial forms for stock- 
raising homestead proofs, not differing materially from the 
official forms now furnished have been published and no doubt 
widely distributed among pro o f -taking officers , you are author- 
ized to accept, until October 1, 1922, proofs made on such 
f o rms . 

The General Land Office having been advised that con- 
siderable supplies of the unofficial forms referred to are still 
in the hands of the publisher thereof and of proof-taking of- 
ficers, the limit of time within which such forms may be accepted 
is hereby extended to October 1, 1924. 

Very respectfully, 

WILLIAM SPRY, 
Approved: Commissioner. 

E. C. FINHEY, 

First Assistant Secretary. 

4503 ~2"U 



Circular No. 848. 

DEPARTMENT OF THE INTERIOR 
General Land Office 
v '. -Washington September 15, 1922, 



Letters to be addressed 
to Commissioner of the 
To the Employees of the ,< General Land Office. 

General Land Office, 
United States Land Offices, 
Field Service, 

and 
United States Surveyors General Offices. 



For, many years the stationery of this office has contained the 
following: •■ ' 

"Address .only the Commissioner of the General l^and Office.' 
These instructions have not been followed strictly and some con- 
fusion in our .-work has resulted. ? 

: In order -to secure proper co-ordination among all branches of 
the. Land: Service -, all communications should be addresised as indicated. A 
strict observance of these instructions will be insisted upon. 

' "• ■• ' ,; WILLIAM SPRY, 

• •".-. • -■ . •' Commissioner. 



4516 ' ' " ■ ;.-■.-. "* 22 " 



Circular No. 849. 

SMALL HOLDING CLAIMS IN HEW MEXICO.- INSTRUCTIONS, 

DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington September 13, 1922, 



Registers and Receivers, 

U. S. Land Offices, and 

The Surveyor General, 

In the State of New Mexico. 

Gentlemen: 

Your attention is called to the act approved by Congress June 15, 
1922, Public No. 242, which provides: 

"That in township surveys hereafter to be made in the State of 
New Mexico, if it shall be made to appear to the satisfaction of the 
deputy s^urveyor making such survey that any person has, through him- 
3elf, his ancestors, grantors, or their lawful successors in title or 
possession, been in the continuous adverse actual bona fide posses'sion, 
residing thereon as his home, of any tract of land or in connection 

. therewith of other lands f altogether not exceeding orie hundred and 
sixty acres, in such township for twenty years next preceding the timo 
of making such survey,. % he deputy, surveyor shall recognize and estab*i 
lish the lines of such possession and make the subdivision of the ad- 
joining land3 in accordance therewith. Such possession 3hall be ac- 
curately defined in the field notes of the survey and delineated on \ 
the township plat, with the boundaries and area of the tract as a 
separate legal subdivision. The deputy surveyor shall return with his 
survey the name or names of all persons so found- to pe^ in possession, 

' with a proper description of the tract in the possession of each as 
shown by the survey, and the proofs, furnished to ham of suoh pos- , 
session. 

"Upon reoeipt of suoh survey and proofs the Commissioner of 
the General Land Office 3hall cause careful investigation to be made 
in 3uch manner as he shall deem necessary for the ascertainment of 
the truth in respect of such claim and occupancy, and if satisfied 
upon such investigation that the olaiiaant come3 within the provisions 
of this seotion, he shall cause patents to be issued to the parties 
eo found to be in possession for the tracts respectively claimed by 
them: Provided, however, That no person shall be entitled to con- 
firmation of, or to patent for, more than one hundred and sixty acres 
in his own right by virtue of this section. 

"All claims arising under this act shall be filed with the Sur- 
veyor General of New Mexico within two years next after the passage of 

-2o- 



this act, and no claim not so filed shall be valid. No tract of such 
land shall be suBjeot to entry Under the land lairs of the United 
States': ' And provided further* That this act shall not apply to any 
city lot, town lot, village lot, farm lot, or pasture lot held under 
a grant from any corporation or town the claim to which may fall with- 
in the provision of this act." 

It will be observed that the act is practically a re-enactment of 
sections 16 and 18 of the act of March 3, 1891 (26 Stat., 861), as originally 
passed, restricted in its application to the State of New Mexico/ The words 
"residing thereon as his home," which were stricken out of section 16 of the 
act of March 3, 1891, by the act of February 21, 1893 (27 Stat., 47C}, are 
retained in the said act. 

This act applies only to townships surveyed after its passage. 

All claims arising under the said act must be filed with the Sur- 
veyor General of New Mexico within two years after June 15, 1922, and any 
claim not so filed must be rejected. 

The act is restricted in itj application to natural persons and tho 
possession required by the act must bo maintained during the required period 
by individuals, and a claim by an individual based, in whole, or in part, 
upen possession maintained by his grantor or prodecossor in interest who was 
a corporation or a town, is invalid. 

To the end that the claims which will arieo under the said act may 
be efficiently and expeditiously adjudicated, you arc directed to be guided 
by the following instructions ; 

1* The Surveyor General shall assign a number to all claims filed 
under the provisions of the said act and require such proof to be made in 
support thereof as he shall deem' satisfactory following the method heretofore 
adopted in claims which have arisen under sections 16, 17, and 18 of the act 
of March 3, 1891 (26 Stat., 861). 

2. After an application for such claims shall have been filed and 
proof shall have been made before the .Surveyor General in support thereof, 
the Surveyor General shall immediately forward to tho register and receiver 
of the land district in which the claim is situate., a copy of the applica- 
tion so filed and proof made. 

3. The deputy surveyor when surveying a township containing cuch 
claims, applications for which shall have been filed, shall before such 
claims arc segregated. satisfy himself that such claims shall have been re- 
sided upon as homes, 

4, As soon as a township containing such claims shall have been 
surveyed and a copy of said plat of survey shall have been approved and 
filed in the district land office t the register and receiver of such office 
shall ascertain whether or not the Surveyor General has forwarded a copy of 
the applications and proofs as required by paragraph two of these instruc- 
tions and in the event it is found that they have not been forwarded the 
register and receiver shall immediately request the Surveyor General to for- 
ward the some, -24- 



5« "When this Information shall have been received the register and 
receiver shall serve notice upon each of such claimants that 90 days from re- 
ccipt of notice will be allowed within which to begin the publication of no- 
tice of intention to submit final proof, as hereafter required, and in the 
eve Jit the said publication is hot begun "within the time allowed and final 
proof finally submitted in due course the said claim Trill be canceled and fiwa' 
nally closed, 

6. The register and receiver shall require each of such claimants 
to publish notice of intention to submit final proof of his occupation and 
possession under the same term^ and restrictions as govern publication in 
homestead cases following the same form with the necessary alterations as will 
indicate the nature of the claim and of the proof to be submitted. In all 
cases in -which the .claims are situated in sections .that have been granted to 
the State for school purposes the claimants shall be required to serve notice 
of intention to submit final proof upon the proper State authorities, either 
personally or registered mail, and to furnish evidence of such notice at the 
time of making finaj proof, 

7. In making final proof the claimant will be required to mate 
affidavit setting forth the name' of the original settler and the date of the 
original settlement; the names of all. mesne possessors of such claim, if any, 
and the periods held by each, 'giving the exact dates, and how each such pos- 
sessor acquired possession of such claim; the date the then present claimant 
took possession of such claim, how he acquired possession thereof; and the^ 
manner in which each such possessors has maintained possession of such claim. 
If documentary evidence of title of such claimants is in existence such docu- 
ments ct duly authenticated copies thereof, must be produced and filed with 
the proof. Every material fact stated in the claimant's affidavit, or neces- 
sary to the validity of his claim, not established by competent documentary 
evidence, must be substantiated by the affidavits of not less than two disin- 
terested persons having a personal knowledge of the facts. 

8. when such prqof has .been made the register and receiver will 
examine the same in each case, and if satisfied .that the provisions of the 
said act have been complied with, issue final certificate thereon in dupli- 
cate, of the usual form with such modifications as shall be necessary to 
show the act under which the claim arose, and transmit the duplicate to the 
claimant and the original,, together with all the. records in the case, to 
this office for final action. If, after considering the said proof the reg- 
ister and receiver should be of the opinion that it does not. meet the re- 
quirements of the said act the register and receiver will reject the same 
allowing an appeal to this office. 

9. If, after serving the notice required by paragraph 5 of these 
instructions and the expiration of the time allowed, no action having been 
taken by such claimants, the register and receiver Trill transmit all the 
records in such cases, together with cvidenoe of such notice having been 
given, to this office for further action. 



10, The procf required by these instructions must be made before 
the register or the receiver or one of the officers authorized to take 
proof in homestead cases* 

Very respectfully, 

WILLIAM SPRY, 

Commissioner, 



APPROVED: September 3.3, 1922. 
E, C. FINNEY, 

First Assistant Secretary. 



4525 



-26- 



Circular No, 8 CO, 

REGULATIONS FOR EXCHANGE OF LANDS IN 
SAN JJJAN, MCKINLEY AND 7ALBHCIA COUNTIES, 
NEW MEXICQiiV, ' T" "M 



DEPARTMENT OF THE INTERIOR 
General Land Offioe 

Washington September 19, 1922, 



Register and Receiver, 

Santa Fe, New Mexico; 
Superintendent at Pueblo Bonito Agency > •• 

Crown Point, New Mexico; 
Super aa^tendent at Zuni School, 

Blackrbo,:^; New Mexico. 

Gentlemen: 

The following regulations are issued for your guidance under the 
act of March 3, 1921 (41 Stat* L., 1225-1239), authorizing reconveyances 
and relinquishments of lands $ and lieu selections therefor, in San Juan, 
McKinley, and Valencia Counties, 

The aot mentioned contains * this provision/ 

"The Secretary of the Interior is hereby authorized, in his dis- 
cretion, under rules and regulations to be prescribed by him, to accept 
reconveyances to the Government of privately-owned and State school lands, 
and relinquishments of valid homestead entries or other filings, including 
Indian allotment selections s within any township of the public domain in 
San Juan, McKinley, and Valencia Counties, New Mexico, and to permit lieu 
selections by those surrendering their rights so that the holdings of any 
claimant within any township wherein suoh reconveyances or relinquishments 
are made may be consolidr ted and held in solid areas; Provided, that the 
tit'e or claim of any person who refuses to reoonvey to the Government 
shall not be hereby affected." 

As the "exchanges" permitted under the act for the purpose of 
consolidations can be made only with the mutual consent of all persons in- 
terested! and be brought to the point where approvals may be had of the 
Secretary of the Interior, there should be full preliminary cooperati.cn as 
a preventive of adverse action and as a means of aiding prompt and favora- 
ble action by the Government, It would ,theref ore $ be appropriate that you 
suggest to all prospective applicants that before any applications are ac- 
tually filed in the local land office, they go over the matter, as between 

-27- 



themselves, with the view of arriving at some tentative agreement as to 
what lands they "wish to relinquish and take in exohange. 

The question of whether the lands wanted by each interest is va- 
oant public domain or railroad land, whether it is State land or Indian 
allotments patented or seleoted therefor, or whether leased, etc.^ should 
first be ascertained by such persons as nearly as may be possible; also, 
some understanding should be had between all the interests indicating 
their attitude • There are many small details connected with propositions 
of this character which must necessarily be worked out first by the appli- 
cants themselves, and that can be done promptly and satisfactorily by per- 
sonal conferences among themselves, rather than to have applications filed 
indiscriminately with the expectation that the field force of this Depart- 
ment will attempt to reconcile all the differences that will no doubt be 
found to exist. 

A person or corporation, or the State of New Mexico, desiring to 
reconvcy and select lieu lands should file in duplicate an application 
with the local land officers at Santa Fe definitely describing by govern- 
ment surveys the lands wanted and the lands offered in exchange; and notice 
of such application must be given in compliance with the circular (see ap- 
pendix) of February 21, 1908 (36 L.D., 278), with the exception, that in- 
stead of beginning publication within twenty days of filing of selection, 
the selector will begin such publication within thirty days from date of 
service of notice by the register and receiver that the application has 
been placed of. record. 

In all cases where the application involves land occupied, 
claimed, or owned by an Indian, the register and receiver will forward a 
copy of the application to the proper Indian superintendent; and in all 
such cases will furnish the superintendent with the serial number of the 
application, which serial number together with the name of the land office 
must be indorsed thereon as a means of identification and referred to in 
all correspondence concerning said application. Copies of applications 
covering lands occupied, claimed, or owned by Indians in San Jfuan and 
McKinley Counties will be filed with the Indian superintendent at Crown 
Point; and copies of applications covering such lands in Valencia County 
will be filed with the superintendent at Blackrook. It will be the duty 
of these officials to examine the land proposed to be relinquished or re- 
conveyed by all Indian applicants, and the land proposed to be acquired 
by Indian applicants, and to submit reports of such examinations involv- 
ing lands in their respective jurisdictions, to the Commissioner of In- 
dian Affairs with appropriate recommendation as to the allowance or dis- 
allowance of the application, a copy of which report must be forwarded to 
the register and receiver at Santa Fe. 

The register and receiver will forward to the Commissioner of 
the General Land Office with their monthly returns all applications filed 
in their office for exchanges under the said act of March 3, 1921, supra, 
after noting the same on their records in the usual manner. The applica- 
tion will be noted "suspended" by the register and receiver, and unless 
disallowed by the Secretary of the Interior, the lands applied for in ex- 
change will not be subject to application or filing by any other applicant. 

-28- 



The Commissioner of the General Land Office, acting through 
the field service thereof, will cause to be made such investigations and ex- 
aminations of the lands and claims described -and set forth in applications 
for exchange as vn.ll enable the Secretary of the Interior properly to act in 
the premises. Applicants should specifically state in their applications 
that the same arc made pursuant to. the authority contained in the said act 
of March 3, 1921, and these instruct ion's. ' 

•An affidavit showing that the land asked for in exchange is non- 
miner al in character and not adversely claimed should accompany each applica- 
tion; except that in cases where the, land is covered by an allotment, home- 
stead,, or desert entry, a statement may be incorporated in the affidavit to 
the effect that the -claimant to such land has filed an application to relin- 
quish or rcconvey the land to the United States under the provisions of the 
act of March 3, 1921, supra, if such be the fact* Where applications arc 
submitted involving the reconveyance or relinquishment of lands selected by 
or patented to individual Indians, 3uch applications' may be considered 
jointly and not necessarily as separate. applications; provided, in such cases, 
the lands to be acquired in exchange Trill'" consolidate the holdings of such 
Indians* "' . ' ' - 

The lands selected must, in conjunction with other property carried 
by the party conveying, be in a compact body, as near , as may be possible, re- 
gardless of township lines; but "no application will be considered involving 
lieu lands in any township wherein the selector owns "no land, and where the 
approval of such application will not affect a consolidation , of the holdings 
of the applicant in such township or townships. Won^mine'ral, .surveyed, un- 
appropriated, and unreserved land, except as provided *by the preceding para- 
graph, can be selected. _ . 

There should. also accompany the .application. a warranty deed duly 
executed according to the laws of New Mexico by the proponent conveying to 
the United States the land to be given in exchange, but such deed need not 
be recorded. An abstract of title brought down 'to show good title in the pro- 
ponent, free from all encumbrances, must also be filed; Such abstract of ti- 
tle must be authenticated by' the proper State and Federal officers and shew 
that the land is free from all judgment, claims, or liens, Including taxes, 
or such abstract may be authenticated' by an abstractor or abstract company as 
provided by General Land Office Circular No. 726 of October 13, 1920 (see ap- 
pendix). If the exchange is authorized the deed will be returned for record- 
ing and the abstract to be brought down to show such recordation, whereupon 
patent will be issued in the regular order of business. 

Where the land relinquished is covered by an unperfected bona fide 
claim for which no certificate for patent is outstanding, there roust be filed 
with the selection a certificate by the recorder of deeds or official custodi- 
an of the records of transfers of real estate in the proper county that no in- 
strument purporting to convey or in any way to encumber the title to the land 
or any part thereof is on file or of record in his office; or if any such in- 
strument or instruments be on file or of record therein,- the certificate must 
show' the Tacts,' A selection in lieu of an unperfected claim not covered by 
patent certificate must in all respects conform to the law under which such 
unperfected claim is held, and will be subject to the payment of such fees 
and commissions as would be, required under the statutes to complete the un- 
perfected claim in lieu of which the selection is made. 

-29- 



If the land relinquished is covered by an unperfected claim — such 
as a homestead or desert entry — « for which certificate for patent has not 
been issued and the law under which the claim was initiated requires that 
land taken thereunder must be in one body, the 3ame requirement must be ob- 
served in making the lieu selection irrespective of lands otherwise owned or 
claimed. If the land relinquished is covered by an Indian allotment for which 
a trust patent has been issued, that trust patent should accompany the appli- 
cation for exchange and on the reverse side of the patent should be indorsed 
the relinquishment of the patentee witnessed by two persons or before a no- 
tary public or other official with a seal. If the trust patent has been lost 
or destroyed or for any reason can not be located, the relinquishment and ap- 
plication for exchange may be combined^ including a sworn statement as to the 
Ioes of the patent, or reason given why it can not be furnished. In oases of 
this character no deed will be necessary, but the selector must make affidavit 
that he has not sold, assigned, mortgaged, or contracted to sell, assign, or 
mortgage the land covered by the unperfected claim or relinquished allotment. 

A selection of land in lieu of an unperfeoted entry under the set- 
tlement laws if credit for residence on the unperfected claim be desired, 
must in addition to other proofs be accompanied by the affidavit of the se- 
lector, corroborated by two witnesses, showing when residence was established 
on the unperfected claim and the duration of such residence. In such a case, 
unless the selector ha3 resided upon, cultivated, and improved the relin- 
quished unperfected claim for the full period required by law to earn a 
patent thereto, he must establish and maintain a residence on the land se- 
lected and cultivate and improve the same for the full period required by law 
to earn a patent, less the time spent upon the relinquished unperfected 
claim. 

If the relinquished unperfected claim be not one held under the set- 
tlement laws, the affidavit as to the residence required by the preceding par- 
agraph need not be furnished; but in either oase the selector must make af- 
fidavit that he has not sold, assigned, mortgaged, or contracted to sell the 
land covered by the relinquished unperfected claim. No patent shall be issued 
for any lieu land selection until all parties in interest and involved in the 
exchange of their holdings with each other and with the Government shall have 
oompleted their selections and thereby and otherwise in accordance with ap- 
plicable law and the regulations thereunder earned equitable title to the land 
involved therein. 

The law makes no provision for reimbursing any persons for improve- 
ments on land relinquished or reconveyed. However, when any applicant re- 
ceives notice that an exchange applied for has been authorized, he may, if he 
so desires, remove any buildings, fencing, or other movable improvements 
owned or erected by him on the land relinquished or conveyed; Provided, that 
such removal is accomplished within ninety days from reoeipt by him of said 
notice. Any land relinquished to the United States under these regulations, 
which tracts would ordinarily become subject to entry under the publio land 
laws, shall be withheld from all forms of disposal until further specifio 



action is taken thereon to make the said lands subject to settlement or entry , 
or to any form of disposal; and until otherwise directed the iccal land of- 
ficers, will not allow any entry or application for such lands. 

Respectfully, 



Commissioner of the 
General Land Office. 



CHAS. H, BURKE, 



.Commissioner of 
Indian Affairs : 



APPROVED: September 19, 1922. 
, E. C. FINNEY, ■ 

First Assistant Secretary. 



-31. 



4524 



Circular No, 852. 
DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington September 22, 1922. 



Regulations for the opening to 
entry of lands in the Eastern 
Saline Reserve, Oklahoma. 



Register and Receiver, 

Guthrie, Oklahoma. 

Gentlemen; 

Executive Order No. 2685 of August 16, 1917, temporarily withdrew 
under the authority of the act of June 25, 1910 (36 Stat., 847), as amended 
by the act of August 24, 1912 (36 Stat., 497), certain lands in Oklahoma, 
pending determination as to the advisability of reserving said lands for 
military purposes. 

Executive Order No, 3705, approved July 1, 1922, revoked said or- 
der of August 16, 1917, and the lands withdrawn thereunder were returned 
to the Department of the Interior for disposition as may be provided by law. 
Under date of July 24, 1922, copies of said Executive Order No. 3705 were 
sent your office and you were informed that you would be later advised of 
the disposition to be made of said lands. 

The records of this offioe show that the Eastern Saline Reserve, 
located in Alfalfa County, Oklahoma, was made pursuant to the act of August 
7, 1882 (22 Stat., 349), by Presidential proclamation dated August 19, - 
1893 (28 Stat,, 1222). This reservation was restored to the publio domain 
by Presidential proclamation of July 27, 1898 (30 Stat,, 1779), to be dis- 
posed of under the laws relating to the public lands in the Cherokee Outlet, 
subject to the policy of the Government in disposing of saline lands. The 
lands in the Cherokee Outlet were subject to disposition under section 10 
of the act of March 3, 1893 (27 Stat,, 612, 640), Said act provided for the 
disposition of said lands under section 13 of the act cf Mar»h 2, 1889 (25 
Stat,, 1005), said act providing for the disposition thereof to actual set- 
tlers under the homestead and tewnsite laws only. 

The act of January 31, 1901 (31 Stat., 745), provides that all un- 
occupied lands of the United States containing salt springs or deposits of § 
salt in any form, end chiefly valuable therefcr, are declared to be subject 
to location and purchase under the provisions of the law relating to plarer 
mining claims. By instructions of November 14, 1901 (31 L. D., 131), local 
offices were instructed to require an affidavit showing th*t the lands ap- 
plied for contained no salt springs or deposits of salt in any form suffi- 
cient to render said land chiefly valuable theref»r. The lands in said 
Eastern Saline Reserve, in so far as they are chiefly valuable for salt 



springs or deposits of s..lt, arc subject to disposition, only under said :.ct 
of January 31, 1901* 

All -withdrawals effecting these lends having now been revoked^ t 
these lands will now be opened to entry in accordance with departmental reg- 
ulations of May 17, 1917 (46 :^.EU/> 121), and departmental decision of May 
6, 1919 (47 It ty, 14 A). 



Th 



3 lands to be opened to entry arc described as follows: 




In T. 27 N., E, 9 7/,, Lot 4, SE^ SBj, ST\f| SEi, Sec. 30; 
Sec 31; Lots 3 and 4, Sec 32. 

In T, 26 N. . E. 10 ;:., Sees., 1, 2, 3, EJb and e| of T7§, 
Sec. 4; Ej-j NE^Mrfi ft Wi, Pj- STT^, Seo, 9;; Sees. 10 to 15. inclusive; 
Nt NEx, SEi Iffif, SEx;SWt, SE^, Sec. 16; n| NEx, SE^ NEj-, NeJ NT^j Seci 
21; all Sees. 22, 23, 24; n|, . STJx, n| SE^, SWf SEgb SCc. 25; all Sees. 
26, 27; WEj, n| NWf, Sec 34; k| of k|, Sec. 35. 

In T. 27 N., E. 10 T7. , e| SExj Sec., 22;' Lot 1, s| fflfe, r 

nw-J- sn£, s| sui, sitJ sex, sop. 23; i.ot 1, s§ nb|, sw-k # ssi, se|- se-» 

Sec, 25; all Sec, 26; s|, - c ;cc 27; NEj SEx,. Sec. 28; E§> J KS| NlJ>N^ 
NW-J- SllJ, Si SWJ-, Sec. 34; all Sees. 55 and 36, ally. Indian Base and 
Meridian, containing approximately 18/600 acres. 

In the abscnoe of other withdrawals or v.lid adverse claims, all" 
of the vacant, unappropriated public land therein not chiefly valuable for 
salt will become subject to entry under the homestead laws only with a 
preference right to qualified ex-service men of the. World War, who have 
been honorably discharged or separated from the service, under the pro- 
visions of' the ect of February 14, 1920 (41 Stat., 434), as amended. 

Preference to ,Ex-Scrvice Men . ■ ■' 

',1. From November 13,- 1922, to February 10, 1923, both dates in- 
clusive, lands may be entered under the homestead laws only, by ex-service 
men of the World War who have been honorably discharged Or separated from 
the service or placed in the regular -Army rr Navy Eeserve: Provided, that 
frum October 23, 1922, to November 11, 1922, both dates inclusive, appli- 
cations may be presented by such persons under said laws, such applications 
to be treated as simultaneously filed and disposed of before action is tak- 
en ?n other preference applications, 

Gencr-1 Disposition. , ■ 

2. The lands, if any, not disposed of during said preference 
period will become subject to appropriation under any applicable land laws, 
including settlement under the homestead law in advance of entry, by any 
qualified persons, on March 5, 1923, and not before then: Provided, that 
from February 12, 1923, to March 3, 1923, both dates inclusive, any 



+ -,™-H/»- -Hons for s-id land under the homo- 
qualified persons m.y present applic ^ on * *°J s "" siriU i t ncously filed 



tions, 



The preference rights eoovo »"**»*?, ^S1a£*^-h 
settlement rights or equit ble pi 4m ££^*££%£ Jj 
ol.-ims should be rs sorted during the tT/cnty-d-y pcriou * 
greph 1. 

In the event conflicts eppecr ^.^U ^^te^ 
mu lt,noously filed, ,, herein V^^SST^^^* ^' 
the order in Trhich the conflicting explication., .111 o 

Rested cntrymen .ill be -quired to comply £*£^^^ 
ouirements, pay the usual fees and ••^""^StoBMarw, at the 
"akc payment for the land embraced in thi Extern .1 ^ bc 

rate of one dollar and fifty cents W 1 ^' * e * ~ c * ' cr . ocep tance of f-- 
paid in full at the date of the J**"^ *** ^ ^.id for said land 
final proof, with interest upon the *^. B J h ^ p P £ thc r ,,te of four 
from date of entry to date of final payment prefer e^x ^ ^ 

per centum per am. After acceptance of fxn~l proof ..n p ym 
for the land, a final certificate may be issued. 

you .ill malce propc, notations ^^^^^^ V 
your records, post a copy in *™?^?J^% the Government, by for- 
possible, as a matter of ^£g**J?*^& the land for posting 
warding copies hereof to the J^*£!JJ" £J%- transmitting copies cr 
therein for the information of the public, _na oy ^.^ 

items concerning s i*e to the newspapers V*g£Z£ cling the particular 
careful not to send such copies or ^ ems without c Ji g P^ rf 
attention of the publishers to the ^ *J£* JJJ for the cost of any 
news and that the Government Will not be response 
public. -tion thereof. 

Acknowledge receipt hereof and promptly report your compliance 
vrith thc instructions herein eontainsd. 

Very respectfully, 



T7IUIALI SPRY, 

Commissioner, 



Approved: September 22, 1922, 
E. C. FINNEY, 

First Assistant Secretary- 

-34- 
4542 



PROGRAM 

OF PROCEDURE FOR HANDLING AND FILING CORRESPONDENCE, ETC., 

RELATING TO THE MINERAL LEASING LAWS, 

UNDER SECRETARY'S ORDER OF AUGUST 1, 1922, 

September 25, 1922, 
General Land Office 
ORIGINATES 

Geological Survey, «. 
Action and Recommendation 

Bureau of Mines 
Concurrence 

General Land Office 
Action and Transmittal 

Bureau of Mines (except permits,) 
Concurrence 

SECRETARY OF THE INTERIOR 
Execution or Issuance. 

General Land Office 
Record and Transmittal. 



Bureau of Mines 
Supervision 



Register and Receiver 
Record and Transmittal 



LEASE ~ PERMIT 
or LICENSE. 



-35- 



DEPARTMENT OF TIffi INTERIOR 
Washington 

September 25, 1922, 
The Commissioner 

of the General Land Office, 

The Director 

of the Geological Survey. 

The Director 

of the Bureau of Mines. 



The following is a program of procedure for handling and filing 
application for leases under the act of Februar3 r 25, 1920, and of the 
act of October 2, 1917, and correspondence relating thereto under the 
Secretary f s order of August 1, 1922; as relating to matters initiated in 
the routine' manner* 



Permits . 

In addition to furnishing the Bureau of Mines with a copy of 
each prospecting permit as issued, the General Land Office will furnish 
the Bureau with copies of all correspondence, following the date of issu- 
ance of permit, which relates to operations thereon, including matters 
of extension of time and assignments. The Geological Survey will furnish 
the Bureau copies of its reports to the General Land Office on all permit 
applications under the leasing laws that involve minerals other than oil 
and gas. 



Leases, 



Application for leases for oil and gas, other than matters 
arising under section 17 of the leasing act, shall be forwarded by the 
General Land Office with its recommendation to the Secretary of the In- 
terior through the Bureau of Mines, for the concurrence and consideration 



-36- 



of the latter, with carbon copies of letters of transmittal sufficient 
for the Bureau of Mines and the Geological Survey, such letters to be 
stamped "copy for Bureau of Mines" and "copy for Geological Purvey, !: 
After action has been had by the Secretary g the case will be returned 
direct to the General Land Office which will take the necessary action 
on the case and forward to the Bureau of Mines and the Geological Survey 
the carbon copies of the letter prepared for them and which will bear a 
notation of the action taken by the Secretary. 

Matters relating to leases for oil and gas, under said section 
17, and applications for leases for all other minerals under the leasing 
acts, shall first be forwarded to the Geological Survey for its action 
and recommendation which Bureau will in all cases, except those in which 
its recommendation is made for the rejection of the application, forward 
its report with the record to the Bureau of Mines for its concurrence or 
other action. In the event the Bureau of Mines concurs in the recomaen- 
dation of the Geological Survey, the record will be transmitted to the 
General Land Office for further consideration. In the event the Bureau 
of Mines disagrees with the report or recommendation of the United States 
Geological Survey, the disagreement will be adjusted by those Bureaus 
before the case is returned to the General Land Office. In proper cases 
the record will then be forwarded to the Secretary of the Interior, 
through the Bureau of Mines, with recommendation that certain lands be 
designated as a leasing unit and an approval of the matter of royalty, 
production, etc., or such other action as is called for by the record, 
Upon action by the department,, the case will be forwarded direct to the 
General Land Office which will take the steps looking towards the execu- 
tion of the lease* Copies of the letter of transmittal bearing the Sec- 
retary's action will be forwarded to the Bureau of Mines and the Geo- 
logical Survey by the General Land Office. After the execution of the lease 
by the applicant and the same is ready to be transmitted to the Secretary 
for his execution, the entire record will be forwarded to the Secretary, 
through the Bureau, of Mines, for its concurrence. Upon the execution of 
the lease by the Secretary, the entire record will be forwarded direct to 
the General Land Office which will promulgate the departmental action and 
furnish the Bureau of Mines with a copy of the lease, the letter of rec- 
ommendation to the Secretary bearing a notation of his action, together 
with copies of all correspondence conducted by the General Land Office 
relative to past and- future production, amount, rate, and payment of roy- 
alty and information regarding the physical condition and operation of 
the property. The Geological Survey will also be advised by the General 
Land Office of the execution of the lease. Copies of all correspondence 
relating to working agreements, assignments, sales contracts, extensions 
of time, drilling and production relief, and any and all matters relating 
to the operation of the lease, will be filed with the Bureau of Mines. 



-37 



Licenses. 

.application for licenses to nine coal will be forwarded by the 
General Land Office to the Bureau of Mines for its consideration and 
recommendation and in event the recommendation be favorable^ the matter 
will be submitted direct to the Secretary of the Interior for his action, 
and should such license be issued, the General Land Gffi.ce will furnish 
the Bureau of Mines with a copy of its letter of transmittal to the Sec- 
retary and a copy of such license. 

Naval Reserve . 

The above provisions under the head of leases shall also apply 
to all applications and leases, together with action thereon, which re- 
late to naval petroleum reserves, 

ALBERT B. FALL. 
Secretary, 

OIL AM) GAS ACTIVITIES . 

During the month of September 428 - new applications for oil and 
gas prospeoting permits were filed,, an increase of 50 over the receipts 
for August, and li03 old case3 were received for further action. One 
thousand and ten cases in all were disposed of, 288 permits being granted 
and 156 cases finally rejected. Preliminary action was taken on 454 ap- 
plications, 28 appeals were transmitted to the Secretary in which, and 
on appealed cases heretofore transmitted, the office was affirmed in 17 
cases, and the decisions modified in three cases. Eight assignments were 
approved, and extensions of time in which to commence drilling operations 
were allowed in 86 cases. 

A general form of oil and gas permit, embodying the conditions 
in the various forms heretofore in use, and a general form of bond cover- 
ing all such conditions has been authorized and adopted, which, it is 
contemplated, will. assist materially in expediting the work of the section. 

Relief Sections . 

During the month of September 100 oil and gas cases, under the 
relief sections, were received in "NL" for action, 249 cases were pending 
at the first of the month. Sixteen applications for permits and 7 appli- 
cations for lease were recommended for approval, and were approved by the 
Department, 15 applications were finally rejected-, and 73 cases disposed of 
in other ways. Two appeals were sent to the Department. Three Departmen- 
tal decisions were received, 2 reversing and 1 affirming this office. 
Three assignments of permits were approved, 1 sales contract approved and 
l_disapproved. Sixteen extensions of time to comply with drilling require- 
ments of permits and leases were allowed, 'o.o section Jiv permits can- 
celed for failure to file indemnity bond. 
R e c cipts Under the Mineral Leasing Act . 

The receipts under the mineral leasing act of February 25, 1920, 
for the month of August, 1922, were $592,894.80, of which 0591.061*28 was 
from lands outside of naval petroleum reserves ond 01,833.52 from lands 
wihtin naval petroleum reserves. 

-38- 



DEPARTMENT 0? TKE INTERIOR ■ ■ ■ ■ ■ 
General Land Office 
TJashington 

PUBLIC LANDS RESTORED TO HOMESTEAD ENTRY AND OTHER DISPOSITION BY 
PROCLAMATION, EXECUTIVE OR DEPARTMENTAL ORDER., 

Preference Right a to Ex-Service Men of the War with Germany. 

General Method of Opening: 

By virtue of Public Resolution No. 29, of February 14,. 1920 (41 Stat., 
434), .as amended by public Resolution Mo. 36, approved January 21, 1922, 
hereafter and until February 15, 1930, when any surveyed lands within the 
provisions of the public resolution are opened or restoced to disposition 
under the authority of the Department, such' lands, unices otherwise provided 
in the order of restoration, shall .become, subject, to appropriation under the 
laws applicable thereto, in the following manner, and. not otherwise: 

Lands not affected by the preference 'rights conferred by the acts of 
August 18, 1894 (28 Stat*, 394), or June 11, 1906 (34 Stat., '233), or Febru- 
ary 14, 1920 (41 Stat., 407), will be subject to entry by soldiers under the 
homestead and desert-land laws, where both of said lairs are applicable, or ; 
under the. homestead law only,' as the case may be, for a period of 91 days, 
beginning with the date of the filing "of the township plat in the case of 
surveys; or resurveys, and with the date specified in the order of rcstora-. 
tion in all other cases, and thereafter to dispositirn under all, of the pub- 
lic land laws, applicable thereto, except where homestead entrymen are 
granted a prior preference period under the order* For a period of twenty 
days an^ for a like period prior' to the date or dates such lands become sub- 
ject to 1 entry by the general public, soldiers in the first instance, and any 
qualified applicants in' the second, may execute and file their applications, 
and all such applications presented within such' twenty-day periods, together 
with those offered at nine o T clock a.m., standard time, on the dates such 
lands become subject to appropriation under such applications, shall be 
treated as filed simultaneously. . 

Unsurveycd lands are not subject to homestead or desert-land entry. 
A homestead entry may embrace 160 acre3, or an approximation thereof, and 
where, the lands arc of the character contemplated by the 320 or 640 acre, 
homestead acts, applications for the unappropriated lands may be filed by 
qualified persons, 'under either of said acts; accompanied by proper peti- 
tions, if undesignated, for the designation of lands thereunder, and such ap- 
plication., will bo suspended, pending determination as to the character of 
such lands* 

The following are restorations or openings which will occur in the 
near future and concerning which further information may be obtained from 
the local offices: 



4507 



(287) 

COLORADO." 



FROM RECLAMATION WITHDRAWAL. 



In Rio Blanco County, Glcnwood Springs land district, four 
townships, 3 and 4 S., Rs. 101 to 103 W., containing approximately 
80,000 acres, will be opened to homestead and desert land entry, 
"beginning Ootobcr 27, 1922, and until January 25, 1923, to ex-service 
men of the World War, subject, however, to valid prior settlement 
and preference rights; filings may be presented during the twenty 
days preceding that date, or from October 7 to 26, 1922, inclusive. 
Any lands remaining unentered vail be subject only to homestead entry 
by the general public for the twenty-one day period from January 26, 
1923 to February 15, 1923, inclusive; filings may be presented during 
the twenty days preceding; that is, from January 6 to 25^ 1923, in- 
clusive. If any land remains unentered on February 16, 1923, it will 
be open on that date to settlement and all proper forms of entry and 
selection by the general public. The land is near the western boundary 
of the State of Colorado with Utah and the nearest town is Dragon, Utah, 
on the Uinta Railway, a branch line of the Bcnver & Rio Grande Railroad. 

Most of the land3 arc already covered by oil and gas applica- 
tions and permits and therefore a successful applicant under this resto- 
ration will be required to file an oil and gas waiver, in accordance 
with the acts of July 17, 1914 (38 Stat., 509), and February 25, 1920 
(41 Stat., 437). Also a large area is in a coal withdrawal, and ap- 
plicants for such lands must file a coal waiver under the act of June 
22, 1910 (36 Stat,, 583). 



Available information indicates that the land is rough and 



hilly. 
(4497) 



0- 



(288) 

ARIZONA: 



FROM RECLAMATION WITHDRAWAL. 



About 80,000 acres in Ts, 10 to 12 N. , Rs. 11 to 14 W», 
Yuma and Mohave Counties, Phoenix land district, will be opened to 
homestead and desert land entry, beginning October 27, 1922, and 
until January 25, 1923, to ex-service men of the World War, subject, 
however, to valid prior settlement and preference rights; filings 
may be presented during the twenty days preceding that date, or from 
October 7,to 26, 1922, inclusive. Any lands remaining unentered 
will be subject only to homestead entry by the general public for 
the twenty-one day period from January 26, 1923 to February 15, 
1923, inclusive; filings may be presented during the twenty days 
preceding; that is, from January 6 to 25, 1923, inclusive. If any 
land remains unentered on February 16, 1923, it will be open on that 
date to settlement and all proper forms of entry and selection by 
the general public. The land is in the vicinity of the Williams 
River. The nearest town appears to be Swansea on the Arizona & 
Swansea Railway, a branch of the Atchison, Topeka & Santa Fe Rail- 
road. 

Nearly all the tracts are covered by oil and gas applica- 
tions and permits, and therefore any successful applicant under this 
restoration for such lands will be required to file an oil and gas 
waiver in accordance with the acts of July 17, 1914 (38 Stat., 509), 
and February 25, 1920 (41 Stat., 437). 

Available information indicates that the tracts contain 
nearly every variety of surface and every class of soil; namely, 
mountainous, broken, rolling, and level surface, and first to fourth 
rate soil. 



(4498) 



-11- 



(2S9) 

UTAH: LAUDS OPEN TO ENTRY THROUGH SURVEYS 



The official plat of the survey of public lands in 
T. 14 S., R, 22 E., S, L. M >( was transmitted to the Surveyor 
General for Utah, with letter dated August 25, 1922, with in- 
structions to transmit a copy thereof to the U.S. Land Office 
at Salt Lake City, for official filing after the usual 30 days 
notice. The date of filing will he fixed by the Register of 
that office*' Approximately 20,000 acres will be opened to entry, 
and subject to prior, valid settlement rights and equitable 
claims, ex-service men of the World War will be entitled to a 
preference right to enter these lands under the homestead and 
desert lands laws, for 91 days, beginning with the date of fil- 
ing of the plat, under Public Resolution No. 36, January 21, 
1922; lands open to general entry on the expiration of the 91-day 
period. 

The lands are reported as rough and mountainous, with 
a medium growth of cage brush and grass, which affords excellent 
grazing for stock during the summer months. 



-42- 



4504 



. . FROM RECLuMATION iTITHDRATAL. 

(290) 
IDAHO: 

In Valley County, Boise land district, approximately 200 acres 
will be opened to homestead and desert land entry beginning October 12, 
1922, and until January 10, 1923, to ex-service nen of the TTorld TTar, sub- 
ject, however, to valid prior settlement and preference rights; filings 
may be presented during the twenty days preceding or from September 22 to 
October 11, 1922, inclusive, Any lands remaining unentered will be opened 
on January 11, 1923, to settlement and all proper forms of entry and se- 
lection by the general public. The nearest town appears to be Roseberry 
near the Oregon Short Line Railroad. 

FROM RECLAMATION WITHDRAWAL. 

(291) 

OREGON: 

In Morrow County, The Dalles land district, about 400 acres in 
T. 4N.,R. 24 E., W.M.J will be open to homestead and desert land entry 
beginning October 12, 1922, and until January 10, 1923, to ex-service 
men of the ~orld War, subject, however, to valid prior settlement and 
preference rights; filings may be presented .during the twenty days pre- 
ceding or from September 22 to October 11, 1922, inclusive. Any lands, 
remaining unentered will be opened on January 11, 1923, to settlement and 
all proper forms of entry and selection by the general public. • The land 
is in the vicinity of the Columbia River and the nearest town appears to 
be Castlerock on the line of the Oregon Railway and Navigation Company. 

FROM RECLAMATION WITHDRAWAL. 

(292) 

IDAHO; 

In Ada and Canyon Counties, Boise land district, about 1,100 
acres in T. IN., Rs. 1 and 2 W», will be opened to homestead and 
desert- land entry beginning October 17, 1922, and until January 15, 1923, 
to ex-service men of the TTorld War, subject, however, to valid prior 
settlement and preference rights* Filings may be presented during the 
20 days preceding or from September 27 to October 16, 1922, inclusive. 
Any lands remaining unentered will be opened on January 16, 1923, to 



settlement and all proper forms of entry and selection by the general 
public. The nearest town appears to be Bowmont on the Oregon Short 
Line Railroad. These lands are released from reclamation withdrawal; 
that is, no water for irrigation purposes will be available from a fed. 
eral irrigation project. 



(293) 

IDAHO: 



OPENED TO ENTRY THROUGH SURVEYS, IDAHO. 



' The official plat of the survey of public lands in T. 16 S., 
R. IE., 3. M», was transmitted to the Surveyor General for Idaho, with 
letter dated September 19, 1922,., with instructions to transmit a copy 
thereof to 'the United States land office at Boise, for official filing, 
after the usual thirty days' notice. The date of filing will be fixed 
by the register of that office. Approximately 2,400 .acres will be opened 
to entry and subject to prior valid settlement rights end equitable 
claims, ex-service men of the World war will be e.ntitled to a preference 
right to enter these lands under the homestead and desert land laws for 
ninety-one days, beginning with the date of filing of the plat under 
Public Resolution No. 36, January 21, 1922; lands opened to general en- 
try on the expiration of the ninety-one day period. The lands are re- 
ported as rolling and mountainous, with an abundant growth of grass. 

' OPENING TO ENTRY OF -LANDS IN THE EASTERN 
SALINE RESERVE, OKLAHOMA. 
(294)' .. . " 

OKLAHOMA: ''.'"' ' : ' r 

Approximately 18,600 acres of land in the Guthrie, Oklahoma, 
land district, will be opened to homestead entry at the United States" 
land* office at Guthrie, Oklahoma, From November 13, 1922, to February 
10, 1923, the lands will be opened to homestead entry by qualified ex- 
service" men only. On and after March 5, 1923, any. of the lands that re- 
main unentered will be subject to appropriation by the general public 
under any applicable land law. Said lands are in the Cherokee Outlet, 
and have 'been' heretofore reserved as saline lands. They were also with- 
drawn during the World War, pending determination as to the advisability 
of reserving' same for military purposes. The lands to be so opened to 
entry are in Ts. 26 and 27 N,,Rs, 9 and 10 W. > I.B, & M. 



Cir- 



cular No. 853. 



'..DEPARTMENT OF > THE INTERIOR 

General Land Office . , ■ ' • . 

Washington September 26, 1922, 



\r:-. x 



Instructions -'.relative to the confir- 
mation of title of certain .lands in 
the Fqrt Sabine Abandoned Military 
^Reservation, Cameron Parish, Louis- 
iana,. ■ - f "'-'.. .■ :..•••:.'/' ■ • 



Register and Receiver.,/'. J 
_: ... '{Baton: Rouge,. La, 



Gentlemen.; -,,■■■. '.••..- ,. ..- 1 ['... : I , : . ; . •■<.'■■■ « ••.,...•. 

The act of August &4, 1922:, entitled -"An act providing for the 
confirmation of title of certain purchasers from the State of Louisiana 
of lands formerly included in the Fort Sabine Military Reservation, in 
Cameron Parish, Louisiana, now abandoned," provides -• 

"That, subject to the provisions of this act, the title of . 
all persons who prior to January 1, 1909, purchased from the State 
of Louisiana. &ny lands. formerly included in what was. known as the 
Fort Sabine Military'Reservation, in Cameron Parish, ir>. .the. ; State > 
of Louisiana,. eist^b.0.isheU/6y Executive order of December 20, 1838, '. 
. and abandoned,- March 25, 1871, pursuant to the. abt of Congress of I. 
... ■ February 2.4, 187,1 (sixteenth Statutes at Large, page, '430), shall 
be confirmed and; validated against any olaim or interest of the 
...United States; Provided, That sJatisfactjory evidence of such pur- 
chase' with description of the lands claimed by. each applicant, in 
accordance with the .system of United. States public-land surveys, be 
submitted to the Secretary of, the Interior within six months from 
and after the approval, of this act:. Provided further,- That patents 
shall issue to such purchasers and shall inure to the benefit of their 
heirs, assigns, or devisees to the same extent and as if such pur- 
chasers had secured full title from the State of Louisiana through 
such purchasers: And provided further, That seotion thirty-two, in 
township fifteen south, range fifteen west, Louisiana meridian, used 
by the United States for lighthouse purposes, shall be excepted from 
the provisions hereof. 

"Section 2. That the lands within the limits of such abandoned 
military reservation not affected by the foregoing provisions of this 
act shall be disposed of under the provisions of the act approved 
July 5, 1884 (twenty-third Statutes at Large, page 103)." 

This act was passed to meet the situation resulting from the 



-45- 



fact that it had been found that in numerous instances the State of Louis- 
iana has at various times since the passage of the swamp land acts of March 
2, 1849 (9 Stat., 352), and September 28, 1850 (9 Stat., 519), issued patents 
to purchasers of these lands. Said lands wore within the limits of Fort 
Sabine Hilitary Reservation and so were not subject to disposition by the 
State of Louisiana as same wore excepted from the swamp land' grants of 1849 
and 1850. 

The resurvey of this reservation was approved February 14, 1919, 
and an appraisement of the lands therein was made in April, 1919, approved 
February S, 1922. This reservation embraces 20,426,57 acres, appraised at 
•$41,745.14. The price ranges from $1*50 to $20 per acre. 

As provided for under said act of August 24, 1922, all persons, 
or their heirs, assigns, or devisees, who, prior to January 1, 1909, purchased 
any of said lands from the State of Louisiana, shall be entitled to have their 
title to said lands confirmed and validated against any claim or interest of 
the United States. In order to provide f or t he equitable determination of 
claims to said land, the following regulations are hereby prescribed: 

All persons desiring to assert a claim under the provisions of this 
act must, prior to February 24, 1923, file their application for same in the 
local land office at Baton Rouge, Louisiana, correctly describing, in terms 
of the resurvey, the lands to which their claim is asserted, and setting 
forth fully all the facts as to occupancy, improvements, verification of title, 
or claim of title and any and all other facts %/hich may be material in deter- 
mining the rights of the party; in other words, a complete history of the 
claim. This application must be under oath and corroborated by at least one 
witness. These applications must be accompanied by an abstract of title which 
must show the source of title as well as all recorded transfers or other in- 
struments, whore same can be furnished, otherwise additional corroboration may 
be necessary. 

Upon receipt of these applications the register and receiver of the 
Baton Rouge land office will assign a current serial number thereto and if 
all appear regular in connection therewith, will cause a notice to be pub- 
lished in a newspaper of general circulation in the vicinity of the lands and 
at the expense of the applicants, for a period of four weeks, according to 
the usual form in use. This notice will describe the lands claimed and that 
all persons claiming adverse thereto must file their protests or objections 
within the period of publication. Any protect or objection so filed must be 
under oath, corroborated, and a copy thereof served on the applicant. At the 
expiration of the period of publication, proper proof thereof must be filed 
in the local land office, and will then be immediately transmitted to the 
General Land Office, by special letter, each case to be accompanied by a 
signed statement from the register and receiver, stating what their records 
show in connection therewith, together with any information they may have 
in the premises. 

A copy of this circular will be mailed by the General Land Office 
to all parties whose names arc of record as having an interest in these lands. 
Copies of same will be furnished the local office for distribution to any 
interested parties and the local officers will also mail a copy of this cir- 
cular to any and all parties known by them to be interested in these lands. 



Any lands in this abandoned military reservation not claimed , 
prior to February 24, 1923, under the provisions of the act of August 24, 
1922, will be subject to disposition under the act of July 5, 1884 (23 Stat., 
103). 

Acknowledge receipt of these instructions and post a copy in your 
office. Transmit a copy to the postmaster nearest the land for posting in 
his office, and transmit a copy to the register of the State land office. 
You may also give as much publicity to these regulations as possible, by fur- 
nishing a copy ■ of same to the newspapers as a matter of ncxrs and without ex- 
pense toi the Government. 

Very respectfully, 

WILLIAIvI SPRY, 

Conmis sioncr. 



Approved: September 26, 1922. 
' E. C. -FINNEY, 

First. Assistant Secretary. 



4567 



CONSOLIDATED uORK REPORT OF LOCAL LAND OFFICES 
FOR LIONTH OF AUGUST,, 1922. 











: Rec ; 


"Od 










End 


Last Month. 


and 
:Disposed of. 


: End of This Month. 




Pend- 


s£uc- -rFend- 


Rec'd 


Trans- 


.Not/ 


;Novr 


Pend- 




ing 


;r,3nded 


ing un- 


:in 


mitted 


.pend- 


■SUG- 


ing 


OFFICES. 


desig- 


•re- 


■acted 


this 


to GLO 


ing 


:p end- 


unact- 




nation, 


jected 


on by 


month. 


this 


:de- 


fed 


ed 






: other- : 


R.& R. : 




month. : 


sig- 


re- 


on by 






wise. : 








na- : 
tion. 


ject- : 
ed : 
jother- 
rwise. 


R.& R. 


Alabama 


















Montgomery 




. : 23 




20 


20 




23 




Alaska 


















Fairbanks (a) 


















Juneau (a) 


















None (a) 


















Arizona 


















Phoenix 


327 


367 




250: 


230 


327 


387 




Arkansas : 


















Camden 




12 




25 


7 




30 




Harrison 




27 




83 


88 




22 




Little Rock 




- . 94 




: 46 


45 




95 




California : 


















Ei Ccntro 


11 


42 




19 


35 


11 


26 




Eureka 


40 


2 




73 


73 


40 


2 




Independence . 


64 


: 87 




30 


43 


64 


74 




Los Angeles 


6G 


190 




134 


149 


67 


174 




.Sacramento (a) 


















San Francisco 


! 170 


: 55 




62 


92 


142 


53 




Susanville 




21 




19 


20 


: 37 


: 21 




V5 saiia 


31 


; 14 




26 


27 


: 29 


15 




Colorado ; 


















DpI- Norte 


87 


: 21 




37 


: 23 


: 76 


: 46 




Denver 


. 214 


: 57 




83 


115 


. 173 


: 66 




Durango 


! ■' SO 


: 55 




90 


93 


: 90 


: 52 




Glerwood Sprgs. 


359 


235 




: 251 


292 


: 278 


: 275 




Lam ir 


£2 


: 47 




: 97 


73 


: 91 


: 72 




Leadville 


57 


: 29 


: 1 


: 58 


: 60 


: 59 


: 25 


1 


Montrose 


256 


: 102 




76 


: 142 


; 216 


: 73 




Pueb'lo 


142 


: 518 




351 


. 426 


: 306 


: 279 




Sterling ; 


30 


; 12 


2 


11 


16 


23 


: 15 


1 


Florida 


















Gainesville 




: 16 


: 16 


: 66 


; 74 




: 18 


: 6 



-48- 



Idaho 

Blackfoot 

Boise 

Coeur d'Alene 

Hailey 

Lewis ton 
Kansas 
... Topeka 
Louisiana 

Baton Rouge 
Michigan 

Marquette 
Minnesota 

Cass Lake 

Crookston 

Duluth 
Mississippi 

Jackson 
Montana 

Billings 

Bozenan 

Glasgow 

Great Falls, 

Havre 

Helena 

Kalispell 

Legist own 

Miles City 

Missoula . 
Nebraska 

Alliance . 

Lincoln 
Nevada 

Carson City 

Elko 
New Mexico 

Clayton 

Ft, Sumner 

Las Cruces 

R oswell 

Santa Fe 
North Dakota 
. Bismarck 

Dickinson 
Oklahoma 

Guthrie 
Oregon 

Burns , 

La Grande 

Lakeview (a) 



(a) 



: 224 


: 157 


: 3 : 197 


226 


: 156 


197: 


: 167 


: 68 


:•-•■■ : 101 


112 


: 129 


: 95: 


» : 3 


: 24 


: : 25 


26 




26: 


: 57 


: 177 


: : ■: 42 


113 


: 47 


116: 


: ; 16 


: 11 


: : 13 


17 


: 13 


: 10: 


: 35 


: 12 


• : 17 


16 


: 34 


: 14-! 




■ 52 


: ; : 24 


21 




' 55: 




12 


: 32 


27 




17: 


: 11 




: 21 


22 




10: 




34 


: 38 


39 




33: 




1 


.' 22 


17 




: 6: 


: 61 


205 


: ■ 22 


14 


! 61 


213: 


:■" 141 


105 


: 53 


59 


141 


99: 


254 


151 


: • 184 


156 


257 


176: 


: 35 


117 


: ' 63 


80 


• 35 


100: 


: 151 


152 


: 99 


104 


165 


133: 


: 151 


91 


: 129. 


121 


149 


81: 


: 1 


19 


: 21: 


. 24 


1 


14: 


: 378 


52- 


: 80 . 


78 


371: 


61: 


: 260 


277: 


: 258' 


334 


228: 


233: 


: 36 


. 28: 


: 58- 


65 


37: 


20: 


: 35 


4: 


: 8: 


6i 


37: 


4: 


: 24: 


8: 


: 9: 


8. 


26: 


7: 


: 22. 


103 i 


: 65 \ 


• 46 


27 S 


117: 


: 34: 


49 i 


:: 18: 


,23: 


34: 


44: 


: 28 


76: 


: 106 : 


■ 54 


97: 


59: 


: 70: 


60: 


: 140: 


117" 


83: 


70: 


: 120: 


130: 


: 152: 


109: 


125: 


168: 


: ' 45: 


138: 


:• 304: 


188: 


179: 


120: 


: ' 241. 


263': 


: 322: 


351: 


240 : 


235: 


:' 37 


64: 


: 53 : 


64: 


37: 


53: 


: 35: 


31: 


: 9: 


10 


35: 


30: 


: 63: 


11: 


: 55: 


51: 


64: 


14: 


: 45 


22: 


i 34: 


27: 


46: 


28: 


: 106: 


233: 


: 50: 


47 ' 


. 112: 


230: 



-49- 



Portland 

Roseburg 

The Dalles 

Vale 
South Dakota 

Be lief our che 

Pierre 

Rapid City- 
Utah 

Salt .Lake 

Vernal 
"Washington 

Seattle 

Spokane 

Vancouver 

Walla Walla 
. Waterville 

Yakina 
Wisconsin 

Wausau 
Wyoming 

Buffalo 

Cheyenne ■ 

Douglas 

Evanston 

Lander 

Newcastle 



City 





: 7 


: : 22 


: 24 




: 5: 


2 


: 30 


: : 59 


64 


1 


26: 


184 


: • 44' 


:• . : 64 


61 


191 


40: 


64 


: 72 


: : 36 


40 


65; 


67: 


4 


: 39. 


l : 71 


69 


6 


39: 


152 


: 107 


: : 80 


100 


160. 


79: 


84 


: 77 


: 116 


136 


82 


59: 


636 


348 


: : 303 


256 


591 


440: 


37 


26 


: : 25 


24 


38 


26: 




: 12 


: 17 


16 




13: 


26: 


33 


I : 37 


43 


27 


26: 


5: 


9 


; 9: 


7: 


4 


12: 


39: 


6: 


: 16 


14: 


' 39 


8: 


73: 


71. 


: 29: 


46: 


65: 


62: 


23: 


10: 


: 17: 


13: 


24: 


9: 


5: 


2: 


: 12 1 


8: 


7: 


4: 


111: 


86: 


: 205 i 


173: 


140: 


..89:' 


252: 


325: 


: 257: 


327: 


261 i 


246 : 


139: 


240: 


70: 329: 


438: 


100: 


240: 


144: 


230: 


1: 58: 


90: 


122: 


220: 


80: 


119: 


: 93: 


102: 


94: 


96: 


238: 


150: 


: 224 : 


241: 


221: 


150: 



TOTAL: : 7,240: 7,006: 93: 6,810: 7,207: 7,233: 6,692: 17 
NOTE (a)— No report received from these offices on September 27, 1922. 



-50- 



ACTI!?G REGISTERS APPOINTED. 

Under the authority of the. act of Octobe'r 28, 1*921, the Secre- 
tary has deginated the. f ollow.ing-named employes, as acting registers of the 
United Stct es land office at the places stated, where the offices of regis- 
ter and receiver have been consolidated and the office of receiver abol- 
ished, , , . 

The cleric so designated is only to perform the duties as doting 
register in the. event of a vacancy in the office of register by reason of 
death, resignation, or removal, or in the event of the register T s inability 
to act. The same authority is conferred upon' the acting .register,, -which 
the register possesses,, except that no contest or protest shall be decided 
or disposed of by him, all such, decisions to be deferred until the appoint- 
ment or return of the register." 



Name* 


• Des 


ignation. 


Anna 0. Bouden 


Acting Register 


: Kate 11. Wilkinson 


it 


n 


. Agnes Weber 


it 


it 


Karl J. : Kirkp'atriok 


it 


ii '• • 


. Jesse E. Brownlee ' 


ii 


it > 


. Daniel 11. _ Duncan 


ti 


ti 


Hazel Brown 


it 


it v 


Frances 'Re illy 


it 


tt ■ 


Edrord R. ; Fickenscher 


ti 


it * 


' Willis. H.' Jac.oby. [ 


ti 


~tt 


, Paul R. : Hal lamP 


ti 


it ■ 


Willie .'-. Daniel* 


ti 


tt ' ' ■ ; 


. Nels Knutson . 


it 


tt 


Frank jfo Zitka 


it 


ii 


Charles B, King 


" ' it 


ii 


Lilla R. Byrd 


ti 


it 


Bertha Schell 


it 


it 


Kenneth H. King 


ii 


ti 


William T. Sommerville 


it 


it 


Charles R. Giddings 


n 


tt 


Oscar E. Spethmann 


tt 


tt 


• Anne. C. Kane 


ii 


H 


Fred J. Stevens 


» 


tt 


William H. Burnett 


it 


II 


Gene Adams 


tt 


It 


ThelmpL King 


ti 


It 


William M. Allen 


ti 


It 


Edgar M. l.'iumford 


ti 


II 


Nellie A. Taft 


n 


11 


Alvin M. Clark 


tt 


It 


Joseph W. Booth 


ii 


tl 


Fremont J. Wilson 


ti 


Receiver 


Perry M. Byram 


ti 


Register 


Earl H. Brown 


it 


u 



Place . 

Juneau, Alaska 

Sus'anville, Calif. 

El Oentro, Calif. 

Montrose, Colo. 

Lamar, " . 

•Durango, u 

Sterling, "* • " 
• Coeur d f Alene, Idaho. 

Lev/is ton, Idaho 

Topjeka, Kans. 

Baton Rouge, La. 

Marquette, Mich. 

Cass Lake, Minn. 

Crookston, ", 

Dul'uth, " 

Jackson, Miss. 

Kali spell, Mont. 

Missoula, " 

Great Falls, IHont. 

Billings. " 

Lincoln, Neb. 

Elko, Nevada 

Bismarck, N.Dak. 

Dickinson, N.Dak. 

Pierre, S.Dak. 

Vernal, Utah 

Seattle, Wash. 

Vancouver, " 

Walla Walla," 

Yakima, " 

Montgomery, Ala. 

Alliance, Neb, 

Camden, Ark, 

Belief ourche, S.Dak. 



-51- 



PRESIDENTIAL APPOINTMENTS. 

Char lee S. Reed of Rapid City, S» Dak*, to be receiver of public 
moneys at that place, vice William H. Tompkins, resigned, effective October 
1, 1922. Commission dated August 29, 1922. 

Mrs. June Wright Makemson of Fort Sumner, New Mexico, to be 
register of the land office at that place, vice William R. McGill, tern 
expired. Commission dated September 19, 1922. 

Morris S. Wright of Bozeman, Montana, to be receiver of public 
moneys at that place, vice James P. Bole, term expired. Commission dated 
September 19, 1922. 

Roy L. Bronson, of Belief ourche, S. Dale.., to be register of the 
land office at that place, upon the completion of the consolidation of the 
office of register and receiver and the abolishment of the office of re- 
ceiver. This consolidation to become effective when Mr. Bronson, who is 
now serving as receiver, qualifies after the filing and acceptance of his 
bonds. Commission dated September 22, 1922. 



•oOo- 



TELL THE BULLETIN. 
To all Local Offices and Field Service Employees : 

If anything occurs, in the public land service, which you think 
is of administrative value, tell us about it. Address all communications 
to the Commissioner of the General Land Office, "Land Service Bulletin." 
All information should be received not later than the 24th of each month 
for use in the current number. 



-52- 
W502 






By direction of the Secretary of the Interior the matter contained herein 
is published as administrative information and is required for the proper 
transaction of the public business. 



Vol. 6. 



November 1. 1922. 



Ho. 9, 



PRELIMINARY EXAMINATIONS. 



The Bulletin has heretofore had occasion to call attention to the 
necessity of better work in the district land offices in the matter of 
handling applications for the right of entry. Too often entries are allowed 
without a proper scrutiny of the records, or without exact information as 
to the qualifications of the applicant, with the result that the entry is ( 
thereafter canceled for reasons that, if proper care had been taken in the 
first instance, would nave prevented its allowance. To prevent, as far as 
possible, the consequences of careless work of this kind the General Land 
Office gives all entries a preliminary examination, as soon as received, and 
if errors are found takes prompt action either to secure amendment of the 
papers, if the error is curable, or holds the entry for cancellation. 

For the year ending June 30, 1922, 38,248 original entries were re- 
ceived and posted in the General Land Office of which number 7,843 were found 
defective, or held for further action on account of conflicts or defects. Of 
course, it does, not follow that all of these deiective entries vail ultimately 
be rejected, for doubtless the greater part of them were susceptible of 
curative measures, but it does mean that an immense amount of work, otherwise 
unnecessary, has been devoted in the General Land Office to the correction of 
these errors. A study of the figures covering previous years does not show 
any evidences of improvement in the care taken of original applications in 
the district land offices, but that is no reason why we should not persist 
in calling attention to this weak point in our service. Applicants for the 
right of entry are entitled to careful and painstaking attention of all public 
land officials charged with any dvity in the premises. Anything short of this 
justifies criticism of the service both in organization and personnel. 



-2- 

SURVEY NOTES 
Lassen Volcanic National Park, Cal ifornia, 

In the September issue of the Bulletin reference was had to the pro- 
posed survey of the boundaries of the Lassen Volcanic National park in T. 30 
N. , Rs. 4, 5, and 6 E. , and T. 31 N. , Rs. 5 and 6 E* j M. D. It., California, 
as defined by the act of Congress approved August 9, 1916. 

Since then the Director of the National Park Service has requested 
that the work be augmented so as to include the identification by special 
metes and bounds surveys of the private claims within the park which antedated 
the creation of the reservation. It is claimed by some that the Devil's 
Kitchen, Boiling Lake, and other important curiosities supposedly within the 
park, are situated entirely upon private holdings, and as long as the evidence* 
of the original public land surveys, with reference to which the claims were 
acquired, remain in their present state of deterioration and obliteration, 
it will manifestly be impossible for the park authorities to determine the 
full limits of their jurisdiction. 

While this additional work will take the surveyors into the interior 
of the reservation and will necessitate the retracement of the original lines 
of survey, and search for corners established over 40 years ago in a rough 
and precipitous region with an elevation running up to 10,000 feet above .sea 
level, its importance can only be measured by the value of the park itself, 
and therefore stands on the same footing with the necessity for the fixation 
of the exterior boundary lines. 

Big Lake Eird Reservation, Arkansas. 



By Executive order dated April 28, 1922, all of the lands in Ts. 
14, 15, and 16 N., R, 9 I ■'.. , 5th p. M. , Arkansas, lying between the east 
boundary of the Big Lake Eird Reservation and the west boundary of the 
drainage right of way, known as "Drainage District No. 17," Mississippi 
County, approved by the Secretary of the Interior, October 28, 1919, was 
withdrawn from settlement, location, sale, or entry I'or classification in 
so far as title thereto remained in the United States. 

The boundary of the bird reservation conforms strictly to the legal 
subdivisions df the public land surveys and can easily be identified both on 
the ground and by record, but the west boundary of the drainage right of way 
is a traverse line laid out with reference only to the contour of the country 
and drainage facilities and is therefore not ascertainable with reference to 
the subdivision of the public land surveys. It becomes necessary, therefore, 
in order to carry out the purpose of the Executive order to mark out upon the 
ground by an official survey this irregular boundary line that is to separate 
the lands withdrawn from settlement, location, sale, or entry from those not 
so reserved. 



-3- 



Instructions for such surveys were issued by the Associate 
Supervisor of Surveys under date of October 14, 1922, and approved by this 
office on October 23, 1922. It is expected that the field work will be 
accomplished during the present fall. 

F lorida Surveys . 

As plans are being formulated for the -.."inter's survey work in 
Florida, it may be of interest to knot/ that more than the usual volume of 
fragmentary surveys are being scheduled due to the activity of the State 
under the provisions of the act of February 16, 1921 (41 Stat., 1103), which 
authorizes the properly accredited agents or officials of the State in charge 
of the adjustment of its school grant to apply to this office for the survey 
of any townships or parts of tov/nships of public lands unsurveyed in the State. 
This act not only provided that— 

"Upon the application of said agent or official the Commissioner 
of the General Land Office shall proceed to have the survey or 
surveys so applied for made as in the case of surveys of other 
public land," 

but also that — 

"The lands that may be found to fall within the limits of such 
townships or parts of townships as ascertained by the survey 
shall be reserved upon the filing of the application for survey 
from any adverse appropriation by settlement or otherwise, ex- 
cept under rights that may be found to exist of prior inception, 
for a period to extend from such application for survey until 
the expiration of 60 days from date of filing the township plat 
of survey in the proper district land office during which period 
of 60 days the State may select any of such lands not embraced 
in any valid adverse claim for the satisfaction of its school 
grant." 

During the past month several sets of special instructions have 
been issued and approved for surveys that have been applied lor under authority 
of this act. They involve to a very large extent islands and small parcels 
of land which may or may not be found to be of any considerable value. It is 
understood, however, that in one or two cases the lands applied for have been 
the subject of intensive cultivation for the raising of citrus fruits under 
the presumption that such lands were appurtenant to these previously surveyed 
and disposed of, but which are now believed at least under a prima facie show- 
ing, to have been omitted from the original surveys and therefore are public 
lands of the United States. 

Survey of land on Alligator Lake, Florida . 

An interesting case was presented through two applications received, 
for the survey of alleged unsurveyed land between the meander and shore lines 
of what was shown upon the official plat of I. 26 S. , R« 31 "E. , Florida, as 



-4- 



a meandered lake, adjoining lot 2, Sec. 11, said to contain about 300 acres. 

Ag the evidence presented was not regarded as sufficient to 
impeach the correctness of the U. S. survey represented upon the official 
plat approved July 7, 1848, the rocord in the case vss forwarded to the 
Associate Supervisor of Surveys for field investigation. 

From the report of the U. S. Surveyor assigned to the work it was 
clearly shown that the original survey, as per the plat approved July 7, 1848, 
was grossly erroneous thereby leaving out large areas (about 500 acres) in 
Sees. 1, 2, 10, 11, 21, 22, 27, and 28 of said, township which were in place 
and were shown by the report of the U. S. Surveyor to have been above ordinary 
high water mark in 1845 when Florida was admitted. into the Union and in 1847 
when the township was surveyed. It was also shown that there were approximately 
1,400 acres of actual water area erroneously shown as land on the township plat. 

Instead of one lake as represented upon the plat, there were three 
lakes found upon the ground by xhe U.. S. Surveyor locally known as "Trout Lake" 
covering part of Sec. 1, "Lake Lizzie" .'in Sees. II and 12, and "Alligator Lake" 
in Sees. 10, 14, 15, 21, 22, 23, 27, 28, 29, 32, and 33. 

In office letter "E" dated June 10, 1922, addressed to the Secretary 
of the Interior it was r .^commended that a survey be ordered of the lands 
-erroneously omitted from -the original' survey, attention being called to the 
United States Supreme Court decision in the case of Lee V.'ilson & Co. vs. 
United States (245 U. Si t 24) « 

It. was further recommended that the unsurveyed lands in said 
sections' be temporarily withdrawn from settlement, location, sale, or entry 
and reserved, under the act of Congress approved June 25, 1910 (3G Stat., 
647), as amended by the act of August 24, 1912 (57 Stat., 497), pending the 
survey of the same and adjustment of possible equitable rights of any persons 
which may have attached thereto. 

The recommendations of this office were approved by the Secretary 
of the Interior \inder date of September 22, 1222. 

On October 4, 1922, the recommendations of this office as approved 
by the Secretary of the Interior were promulgated and the Associate Supervisor 
of Surveys was requested to prepare and transmit to this office for examination 
and approval special instructions in favor of a U. S. Surveyor providing for 
the survey of the lands. 

Executive Order Ho. 3757, dated September 23, 1922, was issued 
providing for the temporary reservation of the lands, as referred to above. 
The Executive order was promulgated by office letter "E" dated October 10, 
1922, addressed to the register and receiver at C-ainesville, Florida. 



■ 5- 



Lake Hamilton, i-lorida . 

On October 17, 1922, the L-partment authorized the survey of lands 
bordering Lake Hamilton, Florida, which had been determined by previous 
investigation to be unsurveyed put lie lauds of the United States erroneously 
omitted from the original survey of the township executed in the year 1853. 

The case is exceptional, not only by i eason of the considerable 
irea affected — twelve sections in T. 28 S. , R. 27 E., T. M. , being more or 
less involved— but also or: account of the unusually high state of development 
to which the lands have been brought through the efforts of the numerous 
claimants now in possession, or those of their predecessors in interest. 
In addition to extensive and intensive agricultural development which has 
resulted in property values estimated in some cases at $500 per acre, the 
natural attractions of the locality are such that the lands are largely in 
demand for villa sites, and moreover there is in existence an organized town- 
site of considt-rable extent which is understood to include substantial build- 
ings and other improvements forming the nucleus of the town of Hamilton. 

The claimants of these highly improved and developed upland areas 
are apparently resting in the assumption that they are riparian accretions, 
appurtenant to the surveyed lands adjoining the original meander line of the 
lake, and that consequently titles derived in due process from the original 
patentees or grantees of the latter ore secure. 

The field procedure by which the omitted lands are to be brought 
under survey contemplates such special forms of subdivision as may be necessary 
to. preserve, substantially, the local property boundaries now recognized, to 
the end that there may be no unnecessary disturbance of the existing conditions , 
and, concurrently, appropriate legislation is to be formulated whereby, under 
such regulations as the Department may prescribe, legal title may be acquired 
by the parties in interest at a nominal consideration. 

Re survey s— a Correction . 

In the September Bulletin, 192.-., on page 5, a circular letter on 
resurveys was printed, the authorship of which was attributed to the Surveyor 
General of Colorado. This was a mistake. The author was in fact Mr. Herman 
Jaeckel, Assistant Supervisor of Surveys for Colorado. 

The editorial staff of the Bulletin is responsible for the mistake, 
as well as for the present correction. 



FIELD SERVICE NOTES. 

Mr. John T. Murphy, Chief of the Santa Fe Field Division, arrived 
in Washington October 19, having been called in by the Commissioner for 
conference and to expedite and clear up cases from bis Division pending in 



this office. An old-time employee of the General Land Office and a former 
Lseistarit Chief of Field Service, Mr, Murphy is one of the best known and 
most popular of the Commissioner's force, with an exceedingly large circle 
of friends throughout the Department. His business will probably require 
his presence in Washington for a month. 



Mr. Elisha D. Stanford, of Little Rock, Arkansas, who after many 
years' service as a special agent resigned in 1919, has been reinstated and 
assigned to the Southern Division for duty. 



prom Portland . 

Former Special Agent A. J. Leonard, who worked successively in 
the Portland, San Francisco, and Helena Field Divisions, was a recent 
visitor at headquarters here. 

Mr. S. W. Goodale, whose headquarters are at San Francisco, Cali- 
fornia, visited Portland the past week while on a trip on his usual business 
of inspecting Surveyor Q-enerals ' offices. 

A short time ago Special Agent Leonard Underwood of this Division 
was married no Miss Maud Smith, who was formerly temporarily employed as a 
clerk in the loc^l land office. They are living in Portland. 

Recent word from Special Agent C. u. Richie, now at Detroit, Michigan, 
under detail to the Department of Justice, is that he has almost fully recovered 
from his sickness and injury of last spring. He reports that he is now able 
to get about conveniently on ' an artificial leg by the use of a cane, and ex- 
pects soon to be able to discard the cane. 

■Mr. Sam Powell, jr., formerly a mineral examiner of the General 
Land Office, assigned to this Division, has recently removed to Portland 
from Ohio, -.here he had been employed for some years. Mr. Powell is now 
secretary of the United Metal Trades Association here. 

Not long ago former Special Agent Charles A. Brinkley wasaa visitor 
at Portland headquarters. He is now a captain in the regular army, Quarter- 
master's De ■ > ■!., it, tic is stationed :et San Francisco, 

For the past three or four weeks Mineral Examiner W. R. Cox has 
been absent from duty on account of sickness. It is reported that he is 
recovering and expects to be able to return to duty within a few days. 

On October 21, 1922, former Special Agent J. A. Moore was reinstated 
and assigned to this division. He entered upon duty on said date. 



.7- 



On August 29, 132?., indictments Were returned by a Federal Grand 
Jury sitting in the District Court of the united States for the District of 
Washington, Eastern Division, against C. M. Seward, Lawrence Kent, and John 
Rounds, alleging perjury in connection vith the final proof made on homestead 
entry Waterville 015945 of Mr. Seward. ■ 

On October 16, 1922, trial was held at Spokane, of the case entitled 
United States vs. William H. Stubble-field, same being a suit to vacate the 
patent issued to him for •• lands embraced in his adjoining farm homestead gpokane 
07199. The court found for the Government and ordered that a decree be entered 
vacating the potent. . 

Under an indictment returned by the Federal Grand Jury in the District 
Court of the United States for "the District of Oregon, Mr. L. R. Kaylor, president 
of the Siletz Power and Manufacturing Company of Portland, was arrested on the 
26th of October, and was admitted to bail under a bond of $3,000. The charge 
against Kaylor is substantially of vising the mails to defraud in connection with 
the sale of homestead and timber claim relinquishments in the vicinity of Merlin, 
Oregon. 

FROM GEORGS A. PARKS, CHIEF OF FIELD DIVISION, 
JUNEAU, ALASKA. 

The Commissioner, 

General Land Office, 

Washington, D. C. 

Dear Governor Spry: 

I have just returned from a trip to the interior and thought that you 
might be interested in the -conditions throughout the Territory. 

That part of Alaska tributary to the Yukon apparently suffered to some 

extent because of a lack of transportation. The American Yukon Navigation 
Company, in accordance with their policy announced last year, withdrew their 
boats from the Tanana, Iditarod, and Koyukuk Rivers and only operated boats on 
the Yukon. Two between Dawson and Tanana, and two between Tanana and St. 
Michaels. These boats freighted the ore from the Mayo district in Yukon 
Territory to St. Michaels. An independent steamboat, the "Teddy H", operated 
by Sam Dubin, .a trader on the Koyukuk, plied between Nenana and'Bettles, via 
the Tanana, Yukon, and Koyukuk Rivers. This boat did not operate on any 
schedule, merely waited until a cargo was available. There were a number of 
small gasoline boats carrying mail and freight between the end of the railroad 
and various river points but the service was very irregular and -not at all 
' dependable. 

The results of the inadequate transportation facilities were: First, 
a hesitation on the part of shippers along the rivers to route their gooes over 
the railroad, and second, almost a cessation of tourist travel from Dawson. 
In fact a few of the most venturesome tourists who came through and were willing 
to endure the discomforts of gasoline launches and long delays report chat they 
were very strongly advised by the transportation company in Dawson, not to attempt 



the trip and it is certain that if there had been any sort of suitable 
transportation between Dawson and Nenana there would have been so much more 
travel down the Yukon, up the Tanana, and out over the railroad. I an ad- 
vised that arrangements will be made to provide first-class transportation 
between the railroad at Nenana and all upper Yukon River points and when 
this is done it should be given publicity so that those interested will 
have definite information as to schedules and tariffs. When this is ac- 
complished the tourist business on the railroad will be. materially increased. 

The climatic conditions in the interior were unusual. The spring 
was very late and there was an .excess of rain ;nd minimum of clear, warm days, 
The crops were very late starting and did not mature. On August 29 there 
was a killing frost in the Tanana Valley, accompanied by snow and sleet 
which practically ruined the- grain. The root crops, potatoes, carrots, etc., 
were fairly successful, however,. 

The excess of precipitation that worked a hardship on the farmer 
was a boon to the placer miners and the gold output this year will exceed 
that of several past seasons. 

In the Chandalar districts where there is usually a lack of water 
for sluicing there was an abundant supply and the total output of tnat 
district will be more than $100,000. The Alaska Road Commission are spend- 
ing several thousand collars in building trails to Squaw Creek and Pig Creek 
v.here the principal mining activities are situated. 

A new strike was reported from the Koyukuk and it is said that one 
man cleaned up approximately ^80,000. 

In the Tolovana district, the heavy rainfall enabled them to sluice 
up dumps that have been ready for two or three years. 

In the Fairbanks district the most significant work has been that 
of the representatives of one of the large dredging companies. They have 
taken options on Fish Creek, Cleary Creek, and lower Engineer Creek and 
have been prospecting these creeks with drills. If the ground proves to 
be as valuable as they believe it is then they will immediately install 
three dredges to work the ground and if they do the entire district will 
be benefited. Already prospecting has been materially stimulated and no 
doubt good results "ill be obtained. Excellent work has been done on the 
roads in this locality by the i.laska Road Commission. 

The only quartz properties in operation in the Fairbanks district 

are those of Smith and McGlone near the head of Happy Creek, and Crites and 

Feldman near the head of Fairbanks Creek. Both of these properties were 

operated at a profit. There are several other promising prospects that may 

be developed as soon as operation costs are reduced. The completion of the 

Tanana River bridge and the resulting through-train service will help to 

reduce these costs. 

■t, 

The Kantishna district continues to attract many prospectors. Two . 
outfits have been working placer mines on a large scale and by next season 



-9- 



they should produce considerable gold. The lode prospects are being 
developed and large bodies of low-grade ore have been found. Experience 
has shown that ore of a value less than $200 per ton can not be profitably 
rained oxving to the costs of mining and shipping. The Alaska Road Commission 
have plans for a road from the Government railroad to this district and with 
such a road many of the mines can be operated and the railroad will be 
benefited by the additional tonnage furnished. This is conceded to be one 
of the most promising districts in the Territory and it is to be hoped that 
an appropriation can be obtained to build the road contemplated. 

There is renewed activity in the Valdez Creek district and the new 
trail now under construction from the Government railroad at Carlson's road 
house to the district, a distance of 60 miles, will greatly benefit this 
district, 

A number of prospectors have been in the hills adjacent to the upper 
Tanana River and some small prospects have been found in that region. 

The dredges on Fairbanks Creek have had one of the most successful 
seasons they have ever experienced and no doubt they will continue to produce 
considerable gold. 

The Alaskan Engineering Commission have about completed the spur 
from the main line of the railroad to the mine of the Healy River Coal 
Corporation and the company have an engineer who is making plans for a five- 
year development program. This property will prove of great benefit to the 
interior. It will furnish cheaper fuel to the miner as well as for domestic 
purposes and in addition provide a sure supply for the railroad. 

The surveying of the lignite fields on the Chulitna River has 
progressed as well as could be expected under the very adverse climatic 
conditions. Most of this field will be ready for the creation of leasing 
units by next season and no doubt there will be competition from this field 
that will tend to reduce the price of coal from o^her localities. 

Evan Jones is producing a good grade of coal from his lease in the 
Matanuska Valley and he hopes to be able to develop a tonnage that will 
enable him to enter into competition with other coal on the Alaskan market 
and ship his produot to the coast towns. 

In the Cache Creek district, west of Telkeetna Stu^ion on the 
Government railroad, there has been renewed activity due solely to the new 
road built by the Alaska Road Commission. The output of this district will 
be much larger than last year and a gradual increase may be expected in the 
future. 

In the Nome district the consolidation of the most extensive holdings 
of the old companies has been about completed and it is expected that the new 
organization will begin operations on a large scale. A very large number of 
claims have been surveyed in that district and there will be many applications 
for patent this year. We will have to have an agent in that district a part 
of next year. 



-10- 



The mining operations in the Iditarod country were confined to 
the older claims mid .no new strikes were made so far as is known. It is 
too early to make :.n estimate of the gold output from that region. 

In the Kuskokwim B:.sin the placer operations were about the same 
as they were last year. The dredge that is being, moved from the Ruby 
district to the Ophir country did not reach its destination and probably 
will not be In operation next season;. The Treadwell interests are' develop- 
ing their lode prospects on Nixon Fork and will probably work there all 
winter. 

The salmon fishing industry on the coast was very successful in 
two cf the districts. In 3ristol Bay nearly all of the 'canneries obtained 
good packs. This was also true of most of the plants in southeastern Alaska, 
but in the central coast area the packs were not up to normal. 

The herring fisheries on Prince 'Till lorn Sound were unusually success- 
ful and a very large pack was obtained. The salteries in the vicinity of 
Kodiak and Cool: Inlet had not been able to catch many herring up to the 
time I left, but they expected a late run of fish and may be justified in 
their expectations. 

There is another industry that is developing in Alaska, in fact 
has developed until it is a big factor in our fur production, and this is 
the propagation of foxes. It is not possible to estimate the amount in- 
vested in this business but an effort is being made to obtain some data 
along tnese lines. Nearly •every available island along the coast has been 
occupied by a fox farmer and I have many letters in my files from those ' '. 
^ho occupy islands outside the national forests. uithln the national 
forests they oeerat under special -use permits and have some assurance 
that they will not be disturbed, but outside of the reserves they are mere 
squatters. Of course they hope that Congress \ ill pass a law authorizing 
the lease of the islands and that such a law will grant them preference 
rights. This industry should be fostered and the enactment df some adequate 
leasing law can not be urged too strongly. With the assurance that a lease 
will give, it is safe to say that the capital invested -.'ill treble in the 
first two years and the revenue from the fur increase proportionately. 
The islands suitable for this purpose are in general cf little value for 
anything else and will yield a good return from foxes. It. is to be hoped 
that this legislation -ill be urged during the next Congress, because it 
is one of the most important parts of proposed constructive legislation 
for Alaska. The leasing of all of the islands should be vested in the 
Interior Department. 

In southeastern Alaska a gradual resumption of lode mining is 
apparent. The Alaska-Juneau Mine is producing steadily and during the 
last few months they have made a prof it on. their low-grade ore. Probably 
nowhere else in the world is ore mined and milled' at so low a cost, between 
<-!-0 cents and 50 cents per. ton. The average, daily tonnage is about 7,500 
tons and ^his with a total force of about 250 men. 



-11- 



Th e mines at Jualin are being put in shape for continued operation 
and foreign capital is interested in their development. 

The El Nido and Apex properties on Chichagof Island will produoe a 
considerable tonnage next year. Recent development has proven the persistence 
of the veins and they have several hundred thousand tons of high-grade free-* 
milling ore blocked out. There are ....number of other new prospects in the 
same locality that show much promise Ind no doubt some good mines wilT'be 
developed. , >'■".'* 

Very encouraging developments have been reported at; Hyder on the 
American side of the boundary. Heretofore the rich' properties have all been 
on the Canadian side. Hyder townsite w„s surveyed last, summer and it is 
hoped that patent will be issued before next summer. 

The regions that contain oil prospects are attracting the greatest 
attention at this time »_ At Kanatak, the present landing pla.ce for the supplies 
for the Cold Bay district, a small town of some 250 people has been established, 
Tito standard drill rags and all necessary equipment and operators were landed 
there last month and the outfits are being freighted to the well sites on 
Pearl Creek dome. The Standard Oil Company and the Associated Oil Company 
own the drills ~nd they will begin actual drilling about the first of the 
year. They were misinformed about the transportation facilities -.nd as a 
result will be -delayed much .longer th..n they anticipated. The Alaska Road 
Commission is making a .reconnaissance of the possible routes for roads and 
next season vail begin the construction of a road on the best route. 

The village of Kanatak., is at the head of Portage Bay ,.nd this bay 
affords no shelter for . a ship except in a westerly wind. The prevailing 
winds are from the southland, southeast during the summer months. From all 
the information available it seems that %h.e oil, if any is found, will be 
piped to Wide B-y, about 25 miles soutn of Portage Bay, where fair anchorage 
can be. found for large ships.- ... "... 

This year the Gener.,1 Land Office extended the rectangular surveys 
over the southern end of the possible oil area from Chignik on the south to 
Wide Bay on the north, thus completing the skeleton of ' the rectangular 
surveys from Cold Bay to Chignik. Next year ; additional surveys should be 
made to extend the subdivision of townships in ; the most promising districts. 
A full report on the oil fields with recommendations for changes in the 
regulations has been made and submitted. 

There are no prospects of any drilling in xny of the other oil 
fields excepting at Katalla where there has been some additional drilling 
on the patented claims. The output for Katalla is about 1,000 barrels of 
crude oil per month. / 

In all probability the results of the drilling by the two companies 
at Cold Bay will in a large measure determine the future development in the 
other fields .nd if wells are brought in by them a rush may be expected. 



-12- 

The company who are promoting the railroad from Controller Bay to 
the Katalla coal fields are working about 60 men and I am informed thai they 
plan to build to Canyon Creek -nd to the old Cunningham claims on Carbon 
Ridge via Shepherd Creek. They have cleaned some of the right of -way and 
graded some small parts of the line, but it will be a long time before they 
are able to show much progress with so small a crew. After their road is 
constructed they will have to provide docking facilities on Controller Bay 
and in the light of past experiences this will prove to be the most expensive 
and difficult of their undertakings. 

A great many applications have been filed for proposed development 
of water power in the Territory and capital has been interested in some of 
the projects. One project includes the development of the latent power in 
the Eklutna River, about 30 miles from Anchorage. This development is 
sanctioned by the Alaskan Engineering Commission ,nd will supply power to 
Anchorage at about one-half of the present rates. It will also supply power 
to the mines in Willow Creek district _nd the Matanuska coal fields. The 
total investment will be about $300,000 and the capital is available. There 
should be no objection to this project and if the permit is issued work will 
begin early next spring. 

Recent revision of freight rates has made it possible for the paper 
pulp mill at Speel River to ship its products to the mills and work has been 
resumed at the plant. No doubt others will follow as the market increases. 

The Alaska Agricultural College and School of Mines opened early this 
month. Governor Bone made the opening address. The College is situated about 
3 miles from Fairbanks near the Agricultural Experiment Station and is supported 
by Territorial ^nd Federal appropriations. There are about 15 students enrolled 
for the regular courses and about 30 more who will take the short course in 
mining. This college is the most northerly one of its kind in the world. 

There seems to be a slight improvement in conditions over last year 
throughout the Territory. If additional appropriations can be obtained for 
road work during the next few years there will be a healthy growth and steady 
increase in all of the productive industries. Cheaper transportation must be 
had before there can be the development that the natural resources of the 
Territory warrant. 

September 27, 1922. 



-13- 
OLASSIFICATIOJ! OF PUBLIC LH'DS. 

The following statement just^iesuod by Secretary Fall sUmurices 
the work of the Department. !of the Interior in -the elaaeifioation of public 
lands through the Geological Survey during the .montli,of . September, 1922. 

• About' 20 ; 0,- : 000 acres of land in Hew Mexic^ Washington, and Wyoming 
were classified under the stock-raising homestead law and were designated for 
entry in tract s^of 640 acres or less. Much of the'acreage classified, however, 
is included' in original entries or in applications which confer a preference 
right. A little more than 60,000 acres in Montana were included in fomal 
orders designating land as nonirrigable under the homestead acts and to that 
extent subject to entry a= homesteads of 320 acres or less. Most of this 
area, however, has already been classified as of the stock-raising homestead 
type, that is, 640-acre homestead land. fThis action, therofofe, has little 
significance to prospective homesteaders. 

Nearly 40,000 acres of land in Idaho 4e re classified as power-site 
lands and mors than '600 acres in Oregon and Washington previously included in 
power-site withdrawal were restored to entry. 

During September the Geological Survey reported upon the statural 
relations of 369 applications for prospecting permits under the oil sections 
of the leasing act of February 25, 1920, thus bringing the number of such re- 
ports rendered since the passage of the act to 16,103. Over 600 such appli- 
cations were pending in the Survey September 30, 1922. During the month reports 
were rendered on 34 applications for coal-prospecting permits and 29 applications j 
for coal leases, making a total cf 704 co*l permits and 224 coal leases reported * 

on since the passage of the act* 

p *' ^■'T-- . 



■14- 



BOISE LAND DISTRICT. 

Twenty-two homestead patents have been received at the General Land 
Office this month. Six additional patents have been received so far this 
week. Bartlett Sinclair j register, says that there is an apparent renewal 
of activity on the part of persons seeking land throughout this district, 
since grazing and farm lands are becoming more scarce. 

"The greatest problem," says Mr. Sinclair, "is obtaining an adequate 
water supply. The various reclamation projects, with limited means at their 
disposal, are doing beneficial work. 

"If water were available," he said, "the l^nd offices of Idaho would 
probably close their doore within 60 days and the State population would be 
double its present figure." — Idaho Statesman. 



RECENT DECISIONS OF THE COURTS AND THE DEPARTMENT. 



Suit for Cancellation of Patent — Statute of Limitation . 

Where patents to public land as mining claims were procured by fraud 
and on perjured evidence, the real purpose being to secure title to a valuable 
water power site, and the deception was continued by subsequent conveyances 
of the land as mining claims, the United States is justified in relying on 
the showing thus made, without independent investigation; and where the 
fraud was not discovered within the six-year period of limitation prescribed 
by the act of March 3, 1891, that statute does not bar a suit for cancellation 
of the patents .which may be maintained against the patentee and any subsequent 
grantee with knowledge of the fraud. 

United States v. Bellingham Bay Improvement Co., 

281 Federal Reporter, 522. 

Homestead Entry — Death of Entryman — Minor Child . 

Under the Revised Statute 2292 providing that xvhere the father and 
mother die leaving a minor child or children surviving, the land shall inure 
to their benefit, and the guardian may sell the land for their benefit at 
any time within two ye_rs after the de^th of the surviving parent; where 
an entryman dies, leaving only a minor child surviving the homestead does 
not become a part of his estate, but the right ^.nd fee inures for the benefit 
of the minor child, and it is not necessary for the guardian to sell the 
land before the two-year period, nor does the land inure to the benefit of 
the heirs of the entryman after the death of the minor child. (Supreme 
Court of Montana. ) 

Raistakka v. Fagerstrom, 208 Pacific Reporter, 949. 



-15- 



Home stead Entry — Conveyance of Water Rights . 

An entryman on a Government homestead may, prior to patent, transfer 
by warranty deed against his own act a right to the use of the waters of a 
spring situate wholly upon such homestead entry, with a right of way over 
said entry for carrying such water to the place of intended use; such grant 
not being in controvention of section -2290, R.'S.J .(Supreme Court of Idaho.) 

Short v. Praisewater, 208 Pacific Reporter, 844. 

Waters and Water Courses--* Adjacent Lands . 

The rf act that there is a public highway between the lands of the 
upper and lower proprietors does hot- take' the case out of the operation of 
the statute which provides for the protection of adjacent lands. (Supreme 
Court of Kansas.) 

Martin ^ v. Lown, 208 Pacific Reporter, 565, '. . 

Bo undary between the State of Georgia and the State of South Carolina . 

. (1) tinder the Beaufort Convention of April 28, 1787, between Georgia 
and South Carolina, specifying the most northern branch or stream of the 
Savannah and Tugalo Rivers as the boundary, the boundary at points where 
there are no islands is the middle line of the stream at its ordinary stage, 
without regard to the channel of navigation, under the' general .rule applicable 
where the navigable channel is not involved; and not the' low water mark on 
the .Georgia side of the stream. (2) Under Article 1 of the Beaufort Convention 
the boundary line at points where there are islands in the boundary streams 
is a line midway between the island bank and the South Carolina bank when 
the water is at its ordinary stage, though the stream between the island and 
the South Carolina shore be narrow and shallow and insignificant in comparison 
with the adjacent parts of the river, in view of Article 2, securing to the 
citizens of each State equal and unrestricted rights of navigation, which 
takes the case out of the thalweg, or main navigable channel, doctrine. 
(3) Under the Beaufort Convention, providing that the most northern br.ct.nch 
or stream of the Savannah and Tugalo Rivers should constitute the boundary, 
and. that all islands therein were reserved to Georgia, islands in what was 
then the most northerly branch or stream of the Tugalo River belong to 
Georgia, though such branch is now known as the Chattooga River. (in the 
Supreme Court of the United States.) 

Sta-pe of Georgia v. State of South Carolina, 

42 Supreme Court Reporter, 175. . v 

Navigable Waters — Riparian Rights . 

(1) When land bordering upon navigable water is granted by a pateiit 
of the United States Government the adjacent land under the navigable water 
does not pass by virtue of the patent alone. 

(2) In the State of Idaho, the State holds title to the beds of 
navigable streams below the ordinary high water mark for the use and 
benefit of the whole people. (Supreme Court of Idaho.) 

Miller et al v. Lewiston - Clarkston Canning Company, 
209 Pacific Reporter, 194. 



-16- 

Hon estead— Widow; Heirs; Devisee— Patent— Section 2291, Revised Statutes . 

On the death of a homestead entryman, leaving a widow and heirs, the 
right to perfect his claim and receiye title thereto vests under section 
2291, Revised Statutes, in the widow a free from. any claim on behalf of the 
heirs, and a State statute relating id inheritance which conflicts therewith 
can not be invoked to defeat that right. . 

Homestead — Widow; Heirs ; Devisee — Insanity — Residence — Cultivation — Patent — 
Act of June 8, 1880 . 

The benefits of the act of June 8, 1880, which provides that a person 
who becomes insane after initiating a claim under the- homestead laws and- 
before he has earned a patent shall be entitled, to a pat-en t on proper proof 
without further residence and cultivation, if he had in good faith complied 
with the legal requirements up to the time he became insane^, inure to an 
insane widow who succeeds to all of the rights held by her husband at the 
time of his death. 

Homestead — Widow; Heirs; Devisee— Insanity — Patent— Relinquishment — Waiver , 

The fact that the widow of a homestead entryman, who died before he 
had earned patent, was insane and confined in an asylum at; the time that the 
claim was initiated, and thereafter remained" in that condition, does not 
deprive her of her exclusive right to perfect the claim and receive title 
thereto, and her guardian has. no power to relinquish the entry or in any 
way divest her of her interest therein. 

Anna Hess, widow of William J. Hesse; decided July 10, 1922, by 
First Assistant Secretary Finney. ' . 

Repayment — Desert Land — Railroad Grant— -Payment — Withdrawal . 

Congress intended by the proviso to the forfeiture act of February 
28, 1885, to fix the future price of all lands in the forfeited Texas & 
Pacific Railroad Company grant at $2.50 per acre, and one who thereafter, 
and prior to the passage of the general act of March 2, 1889, which fixed 
the price of lands within forfeited railroad grants at $1.25 per acre, made 
a desert-land entry of lands within the limits of the withdrawal based upon 
the map filed by the company of its general route, and paid the double 
minimum price therefor, did not make payment in excess of lawful requirements 
and has no ground for a claim of repayment. 

Court Decision Cited and Applied. 

Case of United States v. Laughlin (249 U. S., 440), cited and applied. 

George 3. Perkins; decided July 12, 1922, by 

First Assistant Secretary Finney. 

Motion for rehearing denied August 9, 1922. 



-17- 



Oil and Gas Lands --Prospecting; Permit-~Relinquishment--Commissioner of the 
General Land Office — Records . 

Prior to the cancellation by the Commissioner of the General Land Office 
of an outstanding oil and gas prospecting permit and notation thereof upon 
the records of the local land office, no other person will be permitted to 
gain any right to a permit for the Same olasa of deposits by the filing of 
an application, or by the posting of a notice of intention to apply for such 
a permit. : ,• .. 

Departmental Decision Cited and Followed . 

Case of California and Oregon Land Company v. Hulen and Hunnicutt (46 
L. D. , 55), cited and followed. ■ 

Martin Judge; decided July 12, 1922, by 
First Assistant Secretary Finney, 

Oil and Gas Lands — Prospecting Permit--Application — Notice- -Act of February 
25, 1920, Section"!^ , 

Rights to an oil and gas prospecting permit do not attach prior to the 
filing of an application in the form and manner prescribed by the act of 
February 25, 1920, and tne departmental regulations issued thereunder, and 
the mere posting of a notice of intention to apply for a permit is not 
sufficient to defeat the provision of section 13 of the act, which limits its 
operation to land that is "not within any known geological structure of a 
producing oil or gas field." 

Thomas A. Lee, et al; decided July 14, 1922, by 

First Assistant Secretary Finney. 

Oil and Gas Lands — Prospecting Permit — School Land — Indemnity — Reservation — 
Transferee — Preference Right . 

Where an indemnity school selection was made for lands not withdrawn 
or classified as mineral when selected, but which were afterwards approved 
with a reservation of the oil deposits to the United States, a transferee 
is entitled to a preference permit under section 20 of the act of February 
25, 1920, if the State had completed the selection and made the transfer 
prior to January 1, 1918, notwithstanding that the approval was subsequent 
to that date. 

C o urt and Departmental Decisions Cited, Distinguished, and Applied — 
Departmental Regulations Amended . ■ 

Case of State of California, F. W. Robinson, Transferee (48 L. D. , 384, 
387), cited and distinguished; cases of State of Wyoming et al., v. United 
States (255 U. S., 489), and Alexander Frazer and Carl Harvey (48 L. D., 238), 
cited and applied; .departmental regulations of March 11, 1920, Circular No, 
672, Appendix (47 L. D., 437, 472), amended, . 

Miller and Lux, Inc. v. How, on rehearing; decided July 14, 1922, by 

First Assistant Secretary Finney. 



-18- 



R ailroad Grant— Indemnity- -Li: u Selectionr-Entry . 

The act of June 22, 1374, as amended by the act of August 29, 1890, 
authorising the exchange of lands within .railroad grants where entries 
vi ere allowed after the rights of a r ail r dad [company had attached, was 
not a grant of lands in place, nor an indemnity grant in the ordinary 
sense of that term, but one more in the nature of a lieu selection not 
limited to odd numbered sections. . . . 

Railroad Grant — Coal Lands — Mineral Lands— Selection ., 

Lands of the United States, within the limits of the grant to the 
Atlantic and Pacific Railroad Company, known to be valuable for their 
deposits of iron or coal are not subject to selection under the exchange 
provisions of the act of June 22, 1874, inasmuch as Congress did not 
contemplate that the exception of iron and coal contained in the proviso 
to section 3 of the granting act of July 27, 1866, should be extended 
thereto. 

Coal Lan ds— With drawal— Selection— Section 37, Act of February 25, "1'920. 

The leasing act of February 25, 1920, includes within its operation 
lands not lav/fully appropriated at the date of its passage, which had 
previously been withdrawn, classified as coal lands, and restored subject 
to sale at a fixed price., and nothing contained in the act of June 22, 
1874, can be construed as conferring a right to relief under section 37 
of the former act upon a selector who made selection of classified lands 
subsequently to its enactment. 

Coal Lands — Lease— S el ec tion--Preference Right . 

A selector who, subsequently to the passage of the- act of February 
25, 1920, in good faith made a selection under the act of June 22, 1874, 
for, and developed unappropriated, classified coal lands, should be given 
co raider at ion both in the matter of priorities and equities in connection 
with the award of a lease under section 2 of the leasing act. 

Santa Fe Pacific Railroad Co. ; decided July 25, 1922, by 

First Assistant Secretary Finney. 

Motion for rehearing denied August 24, 1S22. 

R e 1 inqu i s h m e nt - - i 1 and Gas Lands- - Ho mestead- -Purchaser- -Prospecting Permit- 
Application — Act "of February 25, 19 20, Section 13. 

The purchase of a relinquishment together with the improvements of 
one who had made an unrestricted homestead entry does not vest in the 
purchaser any rights tnat will interfere with the allowance of an oil and 
gas prospecting permit under section 13 of the act of February 25, 1920, 
pursuant to an application that was pending when the relinquishment was 
executed. 



-19- 



Relinguishment — Homestead — Purc haser --Oil and Gas Lands — Prospecting 
Permit — Surface Rights . 

A purchaser of a relinquishment executed during the pendency of an 
oil and gas prospecting permit application by one who had made an unrestricted 
homestead entry will be allowed to make a surface homestead entry only, and 
then only upon his consenting to the use by the permittee of so much of the 
surface of the land without compensation to the nonmineral entryman as shall 
be needed in extracting and removing the mineral deposits. 

. Musolf v. Cowgill; decided. J u iy ;28, 192.2,. by 

:' First Assistant Secretary. Finney. '.' ,'■ ...-.,.' . Vl . 

p. jght of Way --Reclamation-*-fteeds--Ef feet of Acknowledgment — Oregon . 

By the weight of authority in the United States, one who signs and 
acknowledges a deed, though his name be omitted from the body of the instrument, 
makes the deed his oxvn, and becomes bound in the premises conveyed, but even 
if that rule did not prevail in the State of Oregon, any defect resulting 
■ from such' omission is cured by statute. 

R i ght of Way — Reclamation — Canals and Ditches— Damages . , 

In the necessary construction, maintenance, • and operation of canals 
and other structures upon a right of way conveyed to the Government for 
reclamation purposes, the United States is not liable for the value of 
loss of the land conveyed or for general damages resulting from the use 
of the easement. 

Right of TTay — Reclamation — Canals and Ditches; — Repaymen t . 

Lands covered by a canal or other structures constructed by the 
Reclamation Service for reclamation purposes, and lands made nonirrigable 
thereby are not properly a part of an irrigation unit, and one who has paid 
construction charges thereupon is entitled to credit or reimbursement there- 
for. 

Court and Departmental Decisions Cited and Applied . 

Cases of Sterling v. Park (129 Ga., 309; 121 Am. St. Rep., 224), and 
Albert W. C. Smith (47 L. D..^ 158)., cited and applied. 

Ned O'Connor; decided July 28, 1922, by 

First Assistant Secretary Finney. 
'••■ • Motion for review denied October 17, 1922. 

Stock-raising Homestead- -Additional- -Compactness --Contiguity . " 

Sections 1 and 3 of the stock-raising homestead act are to be con- 
strued so as to harmonize with the interpretation given to sections 4 and 
5 thereof, as amended by the act of September 29, 1919, and, when so con- 
strued, it is obvious that two or more incontiguous tracts of designated 
land within a radius of 20 : miles may be included in an original or an 
additional entry, but the lands entered must' be in a reasonably compact 
form. 



-20- 



Lepart mental Decisi on Cited and Applied — Departme nt al Regul a tions Amended . 

Case of Fred Mathews (48 L. D. f 239), cited and applied; instructions 
of December 14, 1921, Circular No. 52$ (48 L. D*j 485), amended.* 
Garfield v. Paltengno; decided July 23 j 1922, by 
First Assistant Secretary Finney* 

Oil an d Gas Lands--Prospecting Permit- -Enlarged Homestead— Preference Right . 

The privilege of being preferred in the award of an oil and gas 
prospecting permit accorded by section 20 of the act pf February 25, 1920, 
in favor of an cntryman of lands bona fide entered as agricultural, and not 
-withdrawn or classified as mineral at the time of entry, does not inure to 
the benefit of one who had only a settlement claim for surveyed public land 
at the date of the -withdrawal. 

Court and Departmental Decisions Cited, D istin gu ished, and Applie d. 

Cases of Chicago, Milwaukee, and Manitoba Railroad Company v. Donohue 
(210 U. S., 21), and Louise E. Johnson (48 L. D., 349), cited and distinguished; 
case of Cliff L. Roots (42 L. D., 82), cited and applied. 
Ex parte Ada Fletsher, on petition; 
decided August 10, 1922, by 
First Assistant Secretary Finney. 

Supervisory Authority — Land _D ep ar t m ent — Home ste ad — Equity . 

The Land Department, in the exercise of its supervisory authority, 
may permit the inclusion of less than a legal subdivision of public land in 
a homestead entry, if the controlling circumstances and the protection of 
equities justify it. 

Court an d Departmental Decisions Cited and Appl ied . 

Cases of TJilliaras v. United States (138 U. S. , 514), and Ex p arte 
Sands, Nicholson and Schmidt (46 L. D. , 169), cited and applied.' 
Chambers v. Hall; decided August 10, 1922, by 
First Assistant Secretary Finney. 

D esert Land— Repayment — .act of August 11, 1916 . 

The fact that the collection of penalties for non-payment of taxes 
assessed against unentered public lands is not authorized by the act of August 
11, 1916, does not warrant the allowance of a desert-land entry prior to the 
payment of all ■ taxes and assessments properly levied. 

Robert C. Rayburn, on petition; decided August 28, 1922, by 

First Assistant Secretary Finney. 



*See instructions of September 9, 1922, Circular No. 846 (49 L. D., ), 

amending Circular No. 523 (48 L. D., 485). 



-21- 



App roximation- -Lieu Sel e ct ion — Cupr-ryiaov y au thority --L .aid Depar tmcnt. 

Assumption of authority by the Land Department to extend or limit the 
application of the rule of approximation in each particular case to satisfy 
equities or to prevent its abuse, is not a basis for a charge of the' exercise 
of arbitrary power or disregard of lav/. 

Santa Fe Pacific Railroad Co., on rehearing; decided 
September 22, 1922, by First Assistant Secretary Finney. 

Flathead Lands — Indi an Lands — Mine ral Lands-— Timber Lands . 

Lands within the Flathead Indian Reservation, Montana, classified as 
timber lands pursuant to the act of April 23, 1S04, are specifically excepted 
by section 8 of that act from disposition under the mineral land laws, and 
nothing contained in other parts o. the act or in any of the acts of Congress 
subsequently ena.cted, relating to the disposition of lands within that 
reservation, may be interpreted as importing a contrary intention. 

Opinion of Solicitor Booth for the Interior Department; 

approved October 5, 1922, by First Assistant Secretary Finney. 



LOCAL LAHD OFFICE HOURS. 
The Secretary of the Interior, 

Sir: 

This office has received an inquiry from the receiver of the Las 
Cruces land office as follows: 

"In order that this office may follow the proper 
procedure, will you pleo.se advise whether an adverse 
(claim) against a mineral entry could be accepted after ; 
the closing hour of 4:30 o'clock, but before 12 o'clock 
midnight of the sixtieth day of the publication period?" 

In the case of Giroux v. Scheurman (25 L. D., 546), it was held: 
(syllabus) 

"The local officers are not required to transact 
business out of office hours, and may therefore properly 
refuse to accept and file an adverse claim tendered 
out of office hours on the sixtieth day of publication; 
but if such claim, go tendered, is accepted and filed 
it must be regarded as filed in time." 

That decision was rendered mam'- years ago, and since that time a number 
of administrations have been in power; inasmuch as the question appears to be 
one somewhat of policy as to whether the local officers should accept official 
papers after office hours, instructions are respectfully asked so that proper 
reply may be made to the inquiry received. It seems proper to remark that if 



.22- 



the local officers may accept applications and other papers after business 
hours, the way is opened for transactions, which, to say the least, might 
be shady, should a land office official be inclined to that direction. 

Very respectfully, 

GEO. R. WICKHAM, 

Acting Commissioner. 



DEPARTMENT OF THE INTERIOR 

Washington October 25, 1922. 

The Commissioner 

of the General Land Office*. 

Dear Mr. Commissioner: 

Your office, in letter 1060916 "A" 'GRW, has requested instructions 
in regard to the following inquiry submitted by the receiver of the Las 
Cruces land office: 

In order that this office may follow the proper pro- 
cedure, will you please advise whether an adverse (claim) 
against a mineral entry could be accepted after the closing 
hour of 4.30 o'clock, but before 12 o'clock midnight of the 
sixtieth day of the publication period? 

The local land offices are required to be kept open for the transaction 
of business from 9 a.m. to 4. 30 p.m. The general circular- of January 25, 
1904, on page 109, contained the following: 

Applications oo make entry can not be received by the 
register or receiver out of office hours, nor elsewhere than 
at their office, nor can affidavits or proofs be taken by 
either of them except in the regular and public discharge of 
their ordinary duties. 

On September 4, 1884, Commissioner McFarland, in Instructions, 3 L.D., 
108, addressed to Inspector Hobbs, said: 

The duties of local officers are to be discharged in 
their respective offices, and during the hours devoted to 
public business. 



Registers and receivers have no authority to administer 
oaths and affirmations generally, nor are they authorized to 



-23- 



do public business privately or in chambers. Their place of 
business is the land office and their business with the public 
must be conducted openly, publicly, and regularly, and not 
privately or in secret or otherwise irregularly. 

The practice referred to by you may sometimes be a matter 
of accommodation, but it is liable to result in abuses and the 
securing of preference rights of entry by favored persons over 
those who present themselves at the land office in the proper 
manner "and at the proper time. 

In the case of Giroux v. Scheurman (23 L. D., 546), decided on December 
23, 1896, the Department held as follows: (syllabus) 

The local officers are not required to transact bus5.ness 
out of office hours, and may therefore properly refuse to 
accept and file an adverse claim tendered out of office hours 
on the sixtieth day of publication; but if such claim, so 
tendered, is accepted and filed it must be regarded as filed 
in time. 

In Lindley on Mines, Third Edition, page 1801, is found the following: 

By analogy, adverse claims should be delivered to the 
local officers at their office, and during office hours, 
although the Department has heretofore held that a delivery 
to either of the land officers outside of business hours and 
on a Sunday, and at a place other than the land office itself, 
was sufficient when the officers received it and it was acted upon. 

Such officers are not expected to transact business out 
of office hours, nor on Sundays, and a tender to them of an 
adverse claim and their refusal to accept under such circum- 
stances would not be considered equivalent to a filing. 

From the foregoing it is apparent that all local land office business 
should be transacted at the land office and during office hours only. If 
applications or adverse claims, or other papers, are received or accepted 
by the local officers outside of the office or after office hours, an 
opportunity is presented for the exercise of favoritism and partiality 
which might lead to much mischief and afford grounds for questioning the 
integrity of the service. 

You are directed, therefore, to advise the receiver at Las Cruces, New 
Mexico, that an adverse claim against a mineral application, presented for 
filing after 4,30 p.m., even upon the sixtieth day of the publication period, 
should not be received or accepted. 



Respectfully j 



31. C. FINNEY, 

First Assistant Secretary. 



-24- 

TOMSITES. 



Sanish, Mo rth Dakota. 



A public sale of the undisposed of lots in the townsite of Sanish, 
North Dakota, former Fort Berthold Indian Reservation, will be held November 
11, 1922, under regulations approved September 10, 1917, and August 11, 1922. 
Under such regulations, the Superintendent of Sale is authorized to re- 
appraise any lot which in his judgment is not appraised at the proper amount, 
and may, in his discretion, require full cash payment. Purchasers of lots 
at former sales may, on or before November 11, complete payments in the 
manner provided hy the regulations of August 11, which are published in 
the September Bulletin, page 20. 

C row Agency and Pryor, Montana. 

The lots in the townsites of Crow Agency and Pryor, within the Crow 
Indian Reservation, Montana, will be offered for sale at the United States 
land office, Billings, Montana, beginning November 17, under the supervision 
of the Superintendent of the Opening and Sale of Indian Lands. The regula- 
tions for this sale will be found in the present issue of the Bulletin. 

Port Hall, Idaho . " 

The Superintendent of Opening and Sale of Indian Lands will offer at 
public sale the lots in the townsite of Fort Hall, within the former Fort 
Hall Indian Reservation, Idaho, at the United States land office, Blackfoot, 
Idaho, beginning November 28. The regulations under Which these lots are to 
be sold will be found in the present issue of the Bulletin. 



-25- 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 

PUBLIC LANDS RESTORED TO HOMESTEAD ENTRY AND OTHER DISPOSITION BY 
PROCLAMATION, EXECUTIVE OR DEPARTMENTAL ORDER. 

Preference Rights to Ex-Service Men of the Uar with Germany. 

General Method of Opening; 

By virtue of Public Resolution No. 29, of February 14, 1920 (41 Stat., 
434), as amended by Public Resolution No. .35, approved January 21, '192:, 
hereafter and until February 15, 1930, when c.ny surveyed lands within the 
pro-visions of the public resolution arc opened or restored to "disposition 
under the authority of the Department., such lands, unless other-Ice provided 
in the order of restoration, shall become subject to appropriation under the 
lavs applicable thereto, in the following manner, and not otherwise: 

■ Lands not- affected by the preference rights conferred by the acts of 
August 13, 1894 (26 Stat,, 394), or June 11, 1906 (34 Stat., 233), or Febru- 
ary 14, 1920 (41 Stat., 407), will be subject to entry by coldiers under the 
homestead and desert-land laws, where both of said laws are" applicable, or 
under the homestead lav only, as the case may be, for a period of 91 days, 
beginning vrith the date of the filing of the township plat ' in the case of 
surveys or resurveys, and with the date cpecificd.in the order of restora- 
tion in all other cases, and thereafter to disposition under all of the pub-- 
lie land loro, applicable thereto, except where homestead cntrymen are 
granted a prior preference period under the order. For a period of twenty 
days an|£ for a like period prior to the date or dates .such, lands become sub- 
ject to* entry by the general public, soldiers in the first instance, and any 
qualified applicants in the second, may execute and file their applications, 
and all such applications presented within such twenty-day periods, together 
with those offered at nine o'clock a.m., standard tine, on the dates such 
lands become subject to appropriation under such applications, shall be 
treated as filed simultaneously. 

Unsurveycd lands are not subject to homestead or de3ert-land entry. 
A homestead ^ntry may embrace 160 acre 3, or an approximation thereof, ind 
where, the lends arc of the character contemplated by the 320 or 64-0 acre 
homestead acts, applications for the unappropriated lands may be filed by 
qualificd persons, under either of said acta; xcompanied by proper peti- 
tions, if undesignated, for the designation of lands thereunder, and such ap- 
plications will be suspended pending determination as to the character of 
such lands „ 

The following are reotorations or openings v/hich will occur in the 
near future and concerning which further information may be obtained frcm 
the local offices: 



4507 



(295) -26- 

COLORADO; FROM FOREST RESERVATION. 

By Executive order of September 26, 1922, approximately 1,596 acres 
in Colorado, chiefly surveyed, were excluded from the Leadville National 
Forest because of the low value thereof for forestry purposes* 1,276 acres 
of these lards in Grand County, in the Denver land district, are open to entry 
under the homestead and desert-land laws for ninety-one days, beginning Novem- 
ber 28, 1922, by ex-service men of the World "War. Filings may be presented 
within the twenty-day period prior to that date, or from November 8 to. November 
27, 1922, inclusive. 116 acres of the area are withdrawn from power-site pur- 
poses and subject to entry only under the provisions of section 24 of the 
Federal power Act. On and after February 27, 1922, any of these lands that re- 
main unentered, together with the unsurveyed lands involved amounting to about 
160 acres, will be subject to general disposition, that is, to appropriation 
under any public land law applicable thereto by the general public/ The re- 
stored area is reported tr be mountain grazing land. The preference granted 
ex-service men in this restoration ie subject to prior valid rights and 
equitable claims. 



-27- 
(296) 

MONTANA: FROM FOREST RESERVATION. 

One hundred and sixty acres in Meacher County, Lewistown land 
district, opened to entry under the homestead and desert-land lavs by ex- 
service men of the World War for a period of 91 days, beginning November 28, 
1922. Filings may be presented at any time during the 20 days prior to 
that date. On and after February 27, 1923, any lands remaining unentered 
will be subject to appropriation under any public land law applicable there- 
to by the general public. The lands are excluded from the Jefferson National 
Forest. The preference granted ex-service men. in this restoration is subject 
to prior valid rights and equitable claims. 



(297) 

MONTANA: FROM FOREST ^WITHDRAWAL . 

Three hundred and twenty acres in Powell County, Helena land dis- 
trict, opened to entry under the homestead and desert-land laws by ex-service 
men of the World War for a period of ninety-one days, beginning November 30, 
1922. Filingn may be presented at any time during the twenty days prior to 
that date. On and after March 1, 1923, any lands remaining unentered will be 
subject to appropriation under any public land law applicable thereto. The 
lands are released from ranger station withdrawal. The preference granted 
ex-service men in this restoration is subject to prior valid rights and equi- 
table claims. 



-28- 

298 

CALIFQRNIAi OPEIi TO ENTRY THROUGH SURVEYS, CALIFORNIA., 



The official plats of survey of public lands in Ts, 4, 5, and 
6 N», R. 6 E., Ts. 4, 5, and 6 II., R, 7 E., and T. 6 N., Rs, 8 and 9 E., 
S. 3. h., were transmitted to the Surveyor General for California with 
letter dated September 27, 1922, with instructions to transmit copies 
thereof to the United States land office at Los Angeles for official fil- 
ing after the usual thirty days notice. The date of filing will be fixed 
by the register of that office. Approximately 63,000 acres will be opened 
to entry and subject to prior valid settlement rights and equitable claims , 
cx-scrvice men or the World War will be entitled to a preference right to 
enter these lands under the homestead and desert land lairs for 91 days be- 
ginning with the date of the filing of the plats under public Resolution 
No. 36, dated January 21, 1922; lands opened to general entry on the ex- 
piration of the 91-day period. 

The lands are described as mountainous and rolling desert. 



4595 



299 -29- 

WYOMING: OPEN TO ENTRY THROUGH SURVEYS, vfYOLTHG. 

The official plat of survey of T. 23 N., R. 73 W., 6th P. :,:., 
was transmitted to tho Surveyor General for Tvyoming with letter dated 
October 3, 1922> with instructions to transmit a copy thereof to the 
United States land office at Cheyenne for official filing after the usual 
thirty days notice. The date of filing will be fixed by the register of 
that office. Approximately 20,000 acres will be opened to entry and sub- 
ject to prior valid settlement rights and equitable claims, ex-service men 
of the World War will be entitled to a preference right to enter these lands 
under the homestead and desert land laws fqjr 91 days, beginning v/ith the 
date of filing of the plat under Public Resolution No. 36, January 21, 1922; 
lands opened to general entry on the expiration of the 91-day period. 

The lands are reported as rough and broken but suitable for graz- 
ing, containing three good-sized creeks. 



300 «3ft* 

UTAH: OPEN TO ENTRY THROUGH SURVEYS, UTAH. 

The official plats of the survey of public lands in T. 29 S», 
R. 5 E., and T. 5 S (J R. 21-E., S, L. B. M. , 'were transmitted to the Sur- 
veyor General for Utah with letters dated September 19 and September 28, 
1922, respectively, with instructions, to: transmit, .copies thereof to the 
United States land offices at Salt Lake- City and, .'Vernal for official fil- 
ing after the usual thirty days notice. The date of filing will be fixed 
by the register of these offices. Approximately 11,000 acres will be 
opened to entry and subject to valid settlement? rights and equitable 
claims, ex-service men of the TTorld War will.be entitled, to a preference 
right to enter these lands under the homestead and desert land laws for 
91 days, beginning with .the date of filing of the plats under Public 
resolution No, 36, January 21^ 1922; lands open to general entry on the 
expiration of the 91-day period. 

The lands are described as rolling bench with scattered 
growth of timber and sage brush. 



4604 



-31- 
301 

NEvVDA: 0PS1-: TO ENTRY THOUGH SURVEYS, NEVADA. 



The official plats of survey of public lands in T. 5 IT,, R. 
65 E. , and Ts. 16 S. , Rs. 40 and 49 E,, M, D. M. , aarc transmitted to 
the Surveyor General for Nevada with letters dated September 28 and 
30, 1922, respectively, a r ith instructions to transmit copies thereof 
to the United States land office at Carson City for official filing, 
after the usual thirty days notice. The date of filing will be fioced 
by the register of that office. Approximately 26 > 000 acres will be 
opened to entry and subject to prior valid settlement rights and 
equitable claims, ex-service men of the "Norld War will be- entitled 
to a preference right to enter these lands under the homestead and 
desert land laws- for 91 days, beginning with the date of filing of the 
plat under Public Resolution No. 36, January 21, 1922; lands opened 
to general entry on the expiration of the Sl-day period. 

The lands in T. 5 N.j H. 65 £., are described as mountainous 
and rolling,vith an excellent growth of grass. The lands in Ts, 16 S., 
Rs. 48 and 49 E. , are; described '.. s rolling desert. 



4604 



-32- 
(302) 



OPENING OF TRACT I> T FORMER STANDING ROCK 
INDIAN RESERVATION. 



Or September 18, 1922, the Department approved the classifica- 
tion and appraisement of the N- 2 - f% Sec. 28, T# 181'., R„ 30 E., within the 
former Standing Rock Indian Reservation, South Dakota. Regulations approved 
by the Department on October 4, 1922, provide for the opening of the land to 
entry and allow ex-service men a 91-day preference right of entry commencing 
November 1, 1922. Applications to be treated as simultaneously filed, may 
be received from such persons between October 12, 1922, and October 31, 
1922. The land will become subject to general disposition on January 31, 
1923. 

— 



(303) 



OPEN TO ENTRY THROUGH RESURVEYS, KBW MEXICO, 



The official plat of the re survey of public lands in T. 8 S., 
R. 8 W. , N.M.P.M., was transmitted to the Surveyor General for New Mexico 
with letter dated September 30, 1922, with instructions to transmit a copy 
thereof to the United States land office at Las Cruces for official filing 
after the usual thirty days notice. The date of filing will be fixed by 
the register of that office. Approximately 2,500 acres will be open to entry 
and subject to prior valid settlement rights and equitable claims. Ex-ser- 
vice men of the World War will be entitled to a preference right to enter 
these lands under the homestead and de.se rt-land. laws for ninety-one days, 
beginning with the date of filing of the plat under Public Resolution No. 36, 
January 21, 1922; land o;-en to general entry on the expiration of the ninety- 
one day period. 

The lands are described as valley and foot hills. The valleys are 
suitable for cultivation if irrigated. 



(304) 

ALA3KA: 



-33- 
OPEN TO ENTRY THROUGH SURVEYS - 



The official plats of the survey of public land, in T. 3 B-, IU 
3 B ., T . 5 S-, R. ^ E., end T, 7 5 ., R. 5 »., Fairbanks pridian, -re 

, ,„„ «v-'." with letter dated October 
transmitted to the Surveyor General for AW.- .HW 

10 „», sith instructions to transmit copies thereof to the United State, 
,; d office at Pairbanfcs. for =meial fU, g after t* ueua, 30 days notice. 
Th e date of filing IU be fixed by the ^. of that office. Approx.- 
ma tely 19,000 acres vail he open to entry and subject to prior valid eettle- 

w, t-w. ex-service men of the World War «ill oe 
mont righto and equitable claims, ex-service 

entit led to a preference right to enter these lends under the homestead en 
d esert lend la,s for 01 d„o, beginning with the date of filing of the plats 

, « ,..„,,„ 31, 1922; lands opened to general 
under public Resolution No. 36, January v., J- 

entry on the expiration of the 01-day period. 

• The lends are reported as mountainous, rolling, end level covered 

„dth birch, spruce, and cottonwood timber. 



4616 



(305) 

NEW fcEXICC 0Ws.w. iu £NTJQf THROUGH SURVEYS, 

The official plat of the survey of public lands in T. 21 S., R. 
20 S.,. K.Li.FJ',, was transmitted to the Surveyor General for New Mexico with 
letter dated October 13, 1932, with instruction? to transmit a copy thereof 
to the United States land » f f ice at Rosw<oll for official filing, after the 
usual thirty days notice. The date of filirg v.ill be fixed by the register 
of that office. Approximately 16,000 acres v.ill be open to entry and sub- 
ject to prior valid settlement rights and equitable claims, ex-service man of 
the Y'orld war will be entitled to a preference right to enter these lands 
under the homestead and desert land laws for 91 days; beginning) with the date 
of filing of the plat under Public Resolution No. 36, January 21, 1922; lands 
opened to general entry on the expiration of the 91-day period. 

The lands are reported as mountainous, covered with scrub, cedar, 
and pinon timber. There is a fair growth of grass throughout the entire 
area. 

4628 



(306) 
Oregon- 
California: 



.35- 

imder the p»m nation Acx. 



k„v 9Q 1922. about 9,681 
Pursuant to departmental order ° ^f^^'aer tie reclamatxon 

£% Usi: M.M., Sisrtyou and Modoe Count e s Ca ^™ ol ' iRg approve d 
a!;., October 27, 1922, to e f se ^f ,^s In Oregon are vdthin the jur.e- 
«ter-right applications. The above !"*» ^ evi ' Dr6g on, and those » 
diction of the United Stat "Una .«x. ^ *L ^ ^ ^ ofllce at 
California are vatnin tne juribua. 
Sacramento, California. 

v. + i ^ of v.-hich are 
T he land is divided into 174 farn .units, about 133^ ^ 
situated in the State of Californ: .a a nd about ^^ u.S^eclana- 

Water-right, applications may be ^ l f a f n n , by m ail, or f^"* 8 * 

tion Service, at Klamatn Falls, Oregon, in p ■ October 23, 19^, 

£Si£ a period of ^ur days -g:-xn g at^ o^clo ^ been 

and all applications filec ^^oL" received after 9 o'cloc* a *, ^ 
simultaneously f^ ed - 2 %?led -nd noted in the order Ox their r j 
October 27, 1922, vail be filed .nd " arld maintenance, are fixed y 

water-right f-ges exc usiv of op -ti^ ^ r gable 

said order at $90 per xrrl& °;L r _ ieht application. Any farm ur i 
acre, must accompany every ^J^g* P ; dll be . opened to entry to any 
unentered on and after January 2/ 1923 vx ^^ , ject bo the 

person having the q»alifxc«ion8 o fa ^ Qf 6aid order . 

provisions of the reclamation act 



4643 



-36- 

(307) FROM SEGREGATION UFDEK THE CAREY ACT. 

WYOMIS&* 

8,780 acres in Carbon County, Cheyenne land district opened where 
designated ard not reserved or othervri.se appropriated to entry by adjoining 
entrymen and patentees^ under the act of December 29, 1916 (39 Stat. ,586), 
from November 23, 1922, to February 20, 1923, both days inclusive* There- 
after the. unappropriated and ur re served land will be subject to the soldiers' 
preference right urder the act of February 14, 1920, Public No. 29, as amended 
January '21, 1922, Public Fo. 36. Sec circular of May 1, 1922, * T o, 822, for a 
period of ninety-one days, or from February 21, 1923, to May 22, 1923, both ■ 
days inclusive. Soldierc T preference filings may be made during the twenty- 
one days preceding February 21, 1923, ard up to nine o'clock a.m., of F-bruary 
21, 1923, all cuch applications to be considered as simultaneously filed and 
conflicting applications to bo disposed of by lot. Land opened to general dis- 
position by general public, May 23, 1922, 



4672 



.37- 



Stock Driveways. 

During the past four months two drive-/ ys have been established 
in Wyoming and one in Colorado, certain areas in Montana have been 
temporarily, wit hdravm for driveway purposes, and certain driveway with- 
drawals in Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, and Utah 
have been modified. The total area withdrawn for driveway purposes during 
the period has been 41,101 acres, and that rel .sc: from driveway withdrawal 
26,490 acres. 



0- 



OIL AHD GAS ACTIVITIES. 



Considerable headway has been made during the month of October in 
the handling of oil end gas applications under sections 15 and 20 of the 
act of February 25, 1920, action having been taken on 5,451 applications. 
Permits were granted on 352 applications, while 106 were finally rejected 
and ihe cases closed. Preliminary action was taken on 380 applications, 
and 274 reports from the Geological Survey were received in response to 
action heretofore taken. Four hundred and twelve applications were rejected 
subject to appeal, and appeals were transmitted to the Secretary of the 
Interior in 52 cases. Decisions of the Department were promulgated in 3 
cases, 6 affirming the decisions of this office, and 2 modifying our action. 
Assignments of interests in 21 permits were approved, and 107 applications 
for extensions of time were considered. 77 being granted and 30 dsnied. ■■ 
Under the relief sections, 15 applications for pen; it :.nd 4 applications 
for lease were recommended for approval, 21 applications were finally re- 
jected, and 81 cases disposed of in other ways. Two appeals were sent to 
the Department. Three departmental decisions were received, 1 affirming 
1 reversing, and 1 modifying this office. Three assignments of permits 
and 1 of a lease were approved by the Department. Mine extensions in which 
to comply with the drilling requirements of permits and leases were also 
allowed. 

Receipts under the mineral leasing act for the month of September 
were $268,351.63, of which $261,336.71 were from lands outside of naval 
reserves, and $7,014.92 from lands within naval reserves. 



-3S- 

EQUITABLE AD JULICATION--INSTRUCTIONS . 



The Commissioner of the 

General Land Office. 

Lear Mr. Commissioner; 

By the act approved September 20, 1922 (Public No. 316), sections 
2453 and 2454, Revised Statutes, were repealed, and sections 2450, 2451, and 
2456, Revised Statutes, were amended to read as follows: 

Sec. 2450. That the Commissioner of the General Land Office 
is authorized to decide upon principles of equity and justice, 
as recognized in courts of equity, and in accordance Kith 
regulations to be approved by the Secretary of the Interior, 
consistently with such principles, all crses of suspended 
entries of public lands and of suspended preemption land claims, 
and to adjudge in what cases patents shall issue upon the same. 

Sec. 2451. That ever;- such adjudication shall be approved 
by the Secretary of the Interior a.nd shall operate only to 
divest the United States of the title to the land embraced 
thereby without prejudice to the rights of conflicting claimants. 

Sec. 2456. That where patents have been already issued on 
entries which are approved by the Secretary of the Interior, 
the Commissioner of the General Land Office, upon the canceling 
of the outstanding patent, Is authorized to issue a new patent, 
on such approval, to the person who made the entry, his heirs 
or assigns. 

The effect of said act is to eliminate the Attorney General from 
membership on the Board of Lquitable Adjudication. 

All rules which have heretofore been adopted governing the submission 
of cases to said Board are hereby revoked, and the jurisdiction of the Board 
is defined as covering che following: 

All classes of entries in connection with which the law has been 
substantially complied with and legal notice given, but the necessary 
citizenship status not acquired, sufficient proof not submitted, or full 
compliance with lav; not effected within the period authorized by law, or 
where the final proof testimony or affidavits of the entryman or claimant 
were executed before an officer duly authorized to administer oaths but 
outside the county or land district in which oho land is situated, and 
special cases deemed proper by the Commissioner of the General Land 
Office for submission to the Board, where the error or informality is 
satisfactorily explained as being the result of ignorance, mistake, or 
some obstacle over which the party had no control, or any other sufficient 
reason not indicating bad faith, there being no lawful adverse claim. 



.59- 



The form in which claims approved by you as being within the scope 
of the foregoing may be submitted to the Secretary of the Interior for 
approval vrill be the subject of a conference with you at an early date. 

Respectfully, 

'£. 0. FINNEY, 

October 17,. 1922. First Assistant Secretary. 



PARKER TOHNSITE. ARIZONA. 



Transmitting copy of 
Departmental Order dated 
October 27. 3 1922. 

Register and Receiver., ..:..... 

Phoenix, Arizona, 

Gentlemen: 

I am transmitting herewith a copy of department.:! order approved 
October 27, 1922, relative to the matter of granting an extension of time on 
the 1910 or 1920 sales of Parker townsite lots, due in 1922, which said order 
provides that it is not deemed necessary to grant a general extension of time 
on either the 1910 or 1920 sales, but individual applications or requests for 
extension of time -within which to make the 1922 payments will receive prompt 
and careful consideration and be granted in such cases as may be found 
warranted. 

You will be guided by said instructions and transmit promptly to this 
office any applications or requests tnat nay be filed in your office with 
your recommendation thereon, . You will post a copy of said order in your office 
for the information of the public. 

Very respectfully, 

GEO. R. JICKHAM, 

Acting Commissioner. 
\ 



Parker Townsite, Arizona, 



-40- 

QIPARTMENT OF THE INTERIOR 
General Land Office 

Washington October SI, 1922. 



Request for extension of two 
years on all payments remaining 
unpaid. 



The Honorable, 

The Secretary 

of the Interior, 

(Through the Commissioner 
of Indian Affairs). 

Sir: 

On December 6, 1921, you directed that one year's time be granted to 
purchasers of lots sold at public sale in the year 1910, in the townsite of 
Parker, Arizona, in which to make their delinquent lot payments, except in 
cases "where the lots purchased have been declared forfeited and the lots re- 
sold. Such instructions were promulgated by letter to the register and 
receiver at Phoenix, Arizona, under date of December 10, 1921. 

It was not deemed necessary or advisable to issue an order granting 
a general extension of the 1920 purchases of lots in the said townsite proper, 
but individual applications or requests for extensions for the payments due 
in 1921 were received and granted. Such individual requests so made and 
granted amounted, however, to only three. • ■ 

On October 18, 1922, a telegram was received by the Department from 
Senator Ralph H. Cameron, dated at Phoenix, Arizona, October 17, 1922, read- 
ing as follows : 

"Payments now due and becoming due November next on Parker 
town lots amounts to about $12,880. Because of present financial 
depression many purchasers are unable to remit. Recommended that 
action be taken to extend time for all payments for two years from 
November next. " 



-ues not appear that any petitions, applications, or requests have 
been received in this office from town lot purchasers in said townsite for a 
further extension of time upon either the 1910 or subsequent sales and inasmuch 
as the 1910 purchases remaining unpaid for more than 12 years, has resulted 
in the loss to the Colorado Piver Indians of the principal and interest for a 
considerable number of years; and the failure to make proper payments on the 
1920 sales has likewise resulted in loss to the said Indians of the principal 
and interest involved, no interest having been charged on the deferred payments 
or on the extensions of time granted, it is not deemed necessary or advisable 



-41- 



to grant a general extension of time en either the 1910 or 1920 salts, but 
individual applications or requests for extensions of time within which to 
make the 1922 payments due will receive prompt and careful consideration 
arid be granted in such cases as may be found warranted and if the Department 
concurs herein, proper instructions will be immediately issued to the 
register and receiver at phoenix, Arizona. 



Very respectfully, 



GEO. E. WICKHflM; 



rioting Commissioner. 



I concur : 

E. B. MERITTj 
Acting Commissioner of Indian Affairs. 



Approved: October 27, 1922, 

E. C. FINNEY, 
First iissistant Secretarv of the Interior. 



Circular No. 855* 

REGULATIONS FOR THE SALE OF UNRESERVED LOTS IN TPIE TOWNSITES 
OF CR0T7 AGENCY AND PRYOR FORMERLY hi THIN THE CROJ7 
INDIAN RESERVATION, MONTANA, 



DEPARTMENT OF THE INTERIOR, 
Washington, Oct. 6, 1922, 



The Commissioner 

of the General Land Office* 

Sir: 

Under the provisions of section 17 of the act of June 4, 1920 
(41 Stat., 751-757), you arc directed to cause the unreserved lots in the 
towns ites of crow Agency and Pryor formerly within the crow Indian Reser- 
vation, Montana, to be duly appraised by the Superintendent of the Crow 
Indian Reservation and a Special Agent of the General Land Office and 
after the said appraisal has been cor.pletod and finally approved by the 
Department, you arc directed to cause the unreserved lots in the said 
townsites to be offered for sale at public outcry under the supervision 
of the Superintendent of Opening and Sale of Indian Lands, at not less 
than the appraised value at the United States land office at Billings, 
Montana, beginning November 17, 1922, and continuing thereafter from day 
to day, Sundays and holidays excepted, in the manner and under the terms 
hereinafter prescribed. 

MANNER. — Bids may be made either in person or- by agent, but not 
by mail nor at any time or place other than the tine and place when the 
lots are offered for sale hereunder, and any person may purchase any num- 
ber of lots for which he is the highest bidder. Bidders will not be re- 
quired to show any qualifications as to age, citizenship, or otherwise. If 
any successful bidder fails to make the payment required on the date of the 
sale, the lot awarded to him shall be ' re of for eel for sale on the following 
day. 

TERMS. — Payments will be required as follows: No lot will be 
disposed of for less than $10, and any lot sold for i>10 must bo paid for 
on the day it is sold; the minimum of $10 and at least 25 per cent of the 
bid price of each lot sold for more than $10 must be paid on the date of 
the sale, and the remainder, if the price bid is £50 or less, within one 
year from the date of the sale; • if the price bid be over £50 and less than 
0100, 75 per cent of the cost may be divided into two equal payments due, 
respectively, one and two years from the date of the sale; if the price bid 
be £100 or more, the 75 per cent remaining unpaid may be divided into three 
equal payments, due, respectively, one, two, and three years from the date 
of sale. No entry will be allowed until payment has been made in full for 
the lot, but in case of partial payaent the register will issue a non-trans- 
ferable memorandum duplicate certificate showing the amount of the bid and ■ 



-43- 

thc terms of the Bale, and reciting the ri^ht of the purchaser to make entry 
upon completing the payments; the receiver in such case will issue a memoran- 
dum receipt for the money paid. Nothing herein will prevent the transfer cf 
the interests secured by the purchase- and the partial payment cf the lot, by 
deed, but the assignee -.rill acquire no greater right than that of the origi- 
nal purchaser, and the final entry one patent v/ill issue to the original pur- 
chaser when all payments arc made. 

Forfeiture. — If any person who has made partial payment on the 
lot purchased by him fails to make any succeeding payment required under 
these regulations at the dote ruch payment becomes due, the money deposited 
by such person for such lot v/ill be forfeited and the lot, after forfeiture 
is declared, will be subject to disposition. Lots remaining unsold at the 
close of sale or thereafter, declared forfeited for non-payment of any part 
of the purchase price under the terms of the sale will be subject to private 
entry for cash at their appraised value. 

All persons arc warned against forming any combination or agree- 
ment which will prevent any lot from selling advantageously or which v/ill 
in any way hinder or embarrass the sale, and all persons so offending will 
be prosecuted under section 59 of the Criminal Code of the united States,. . 
which reads as follows: 

Soever , .before or at the time .of the public sale of 
any of the, lands .of .the Unit e.d.. St. at eSj shall bargain, cont£ac,t,. 
or agree or. attempt' to bargain, contract, or agree with any- 
other person, that the last-named person shall not bid upon or 
purohase the land so offered for sale, or any parcel thereof; 
or whoever oy intimidation, combination, or unfair management, 
shall hinder or prevent or attempt to hinder or prevent, any 
person from bidding upon or purchasing any tract of land so offered 
for sale, shall be fined not more than one thousand dollars, or 
imprisoned not more than two years, or both. 

The Superintendent of the Opening and Sale of Indian Lands "./ill 
be, and he is hereby, authorized to appraise any unappraised lot or to cause 
cny lot to be reappraised which in his judgment is not -appraised at the 
proper amount, and he may reject, any and all bids for any lot and at any time- 
suspend, adjourn, or postpone the sale of any lot or lots to such time and. 
place as he may deem proper. 

Inasmuch as the said towns ites are small and contain comparatively 
few unreserved lots to be disposed of, it is not thought' necessary or ad- 
visable that the notice of public sale of the lots in the said townsites be 
regularly advertised in the newspapers but that the posting of copies of 
these regulations in the land office at Billings, Montana, at the Crow Agency 
and in post offices, together with such other general publicity as is usually 
given without cost to the Government, is deemed sufficient. 

Very respectfully, 

E, C. FINNEY,' 

4601 First Assistant Secretary. 

-2- 



-44- 
Circular No. 856. 

REGULATIONS FOR THE SALS OF UNRESERVED LOTS IN THE. 

TOWNSITE OF FORT HALL WITHIN THE FORMER 

' FORT HALL INDIAN RESERVATION, IDAHO., 

DEPARTMENT OF THE INTERIOR, 

Washington, D.C., October 6,1922. 

The Commissioner 

of the General Land Office*. 

Sir: 

Under the provisions of the act of May 31, 1918- (40 Stat., 
592), you are directed to cause the unreserved lots in the townsite of 
Fort Hall within the former Fort Hall Indian Reservation, Idaho, to be 
duly appraised by the Superintendent of the Fort Hall Indian Reserva- 
tion and by a special agent of the General Land Office who -trill examine 
each lot to be appraised and determine the present fair and just cash 
valxie thereof without considering any improvements that may be on such 
lots in fixing such value. After the appraisal has been made' and final- 
ly approved by this Department, you are directed to cause the unreserved 
lots in the said towns ite of Fort Hall to be offered for sale at public 
outcry under the supervision of the Superintendent of Opening and Sale 
of Indian Lands, at not less than their appraised value; -at the local 
land office at Blackfoot, Idaho, on November 28, 1922, and continuing 
thereafter from day to day, Sundays and holidays excepted, in the manner 
and under the terms hereinafter prescribed. 

MANNER. — Bids may be made either in person or by agent, but 
not by mail nor at any time or place other than the time and place when 
the lots are offered for sale hereunder, and any person may purchase any 
number of lots for which he is the highest bidder. Bidders will not be 
required to show any qualification as to age, citizenship, or otherwise. 
If any successful bidder fails to make the payment required on the date 
of the sale, the lot awarded to him shall be reoffered for sale on the 
following day. 

TERMS.— PAYMENTS WILL BE REQUIRED AS FOLLOWS: No lot will be 
disposed of for less than |10, and any lot sold for $10 must be paid 
for on the day it is sold; the minimum of $10 and at least 25 per cent 
of the bid price of each lot sold for more than $10 must be paid on the 
date of the sale-, and the remainder, if the price bid is $50 or less, 
within one year from the date of the sale; if the price bid be over $50 
and less than $100, 75 per cent of the cost may be divided into two equal 
paymentSjdue, respectively, one and two years from the date of the sale; 
if the price bid.be $100 or more, the 75 per cent remaining unpaid may be 
divided into throe equal payments, due, respectively, one, two, and three 
years from the date of <eale. No entry will be allowed until payment has 



-45- 

made in full for the lot, but in case of partial payment the register will 
issue a non-transferable memorandum duplicate certificate shoving the 
amount of the bid and the terms of the sale, and reciting the right of the 
purchaser to make entry upon completing the payments; the receiver in such 
case will issue a memorandum receipt for the money paid. Nothing herein 
will prevent the transfer of the interests secured by the purchase and the 
partial payment of the lot, by deed, but the assignee "ill acquire no 
greater right than that of the original purchaser, and the final entry and 
patent will issue to the original purchaser when all payments are made. 

FORFEITURE.— IF ANY PERSON TTdO HAS MADE PARTIAL PAYMENT on the 
lot purchased by him fails to make any succeeding payment required under 
these regulations at the date such payment becomes due, the money deposit- 
ed by such person for such lot will be forfeited and the lot, after for- 
feiture is declared, will be subject to disposition. Lots remaining un- 
sold at the close of the sale or thereafter declared forfeited for non- 
payment of any part of the purchase price under the terms of the sale will 
be subject to private entry for cash at their appraised value. 

All persons are "warned against forming any combination or agree- 
ment which will prevent any lot from selling advantageously or which will 
in any way hinder or embarrass the sale, and all persons so offending will 
be prosecuted under section 59 of the Criminal Code of the United States, 
which reads as follows: 

"Whoever, before or at the time of the public sale 
of any of the lands of the United States, shall bargain, 
contract, or agree or attempt to bargain, contract, or 
agree with any other person, that the last-named person 
shall not bid upon or purchase the land so offered for sale, 
or any parcel thereof; or whoever by intimidation, combina- 
tion, or unfair management, shall hinder or prevent, or at- 
tempt to hinder or prevent, any person from bidding upon 
or purchasing any tract of land so offered for sale, shall 
be fined not more than one thousand dollars, or imprisoned 
not more than two years, or both. 

The Superintendent of the Opening and Sale of Indian Lands will 
be, and he is hereby, authorized to appraise any unappraised lot or to 
cause any lot to be reappraised which in his judgment is not appraised at 
the proper amount, and he nay reject any and all bids for any lot and at 
any time suspend, adjourn, or postpone the sale of any lot or lots to 
such time and place as he may deem proper. 

As this towns it e is quite small with comparatively few unre- 
served lots subject to sale, it is not deemed necessary or advisable to 
require regular newspaper advertisement of the proposed public sale of 



-2- 



the said, lots in said towns ite. The posting of copies of these regula- 
tions giving the time, place, and terms of such sale, in the local land 
office at Blackfoot, Idaho, at the Indian Agency headquarters on the 
i ? ort Hall Indian Reservation, vrith the general publicity usually given 
in such car.es by items as net/s to the local newspapers without cost to 
the Government and the general distribution of copies of these regula- 
tion to postmasters for posting in the post offices and such other 
publicity as may be given is deemed sufficient. 

Very respectfully, 

V P i?T ftrSFTTY 

jj« o» j.'Xi.'i'iiii, 

First Assistant Secretary. 



4600 






Circular Jjjo, 857. 
DEPARTMENT CF THE INTERIOR 
General Land Office 

Washington October 11, 1922. 

CITIZENSHIP OF VARRIED WOl/EN . 

Registers and Receivers, 

United States Land Offices. 
Gentlemen: 

Your attention, is. directed to the act of Congress approved 
September 22, 1922 (Public-No. 346)* entitled "An act relative to the net. 
uralization and citizenship of married women," a copy of which is appended. 
In all cases of applications for entry of -public land, or proofs 
in support of such entries, by married women otherwise duly qualified to make 
such entry or proof, you will require a showing of such facts concerning mari- 
tal status and citizenship as may be rendered necessary by the provisions of 

said act . 

The act makes no change in the existing requirements with respect 
to a female citizen of the United States who, after initiating a claim to 
public land, marries an alien, as set forth in paragraph 2, Circular No. 361 
(43 L.D., 444), and she must show that her.husband is entitled to become a cit 
izen of the United States. 

Office Circular No. 4', of August 17, 1911, is revoked. 

Very respect fully , 

WILLLAK Sr-RY, 

Commissioner* 



Approved, October 11, 1922. 

E. C. FINNEY, 
(4638) First Assiwtant Secretary. 



~i8- 
(Public— No. 346— 67th Congress,) 

(H. R, 15.022,) 

An Act Relative to the naturalization and citizenship of married 

• < •- women. 

Be i t enacted by, the -Senate and Ho use of .Re presentatives of t he United 
States of Aincrica in Congress assembled , That the right of any woman to become 
a naturalized citizen of the United States shall cot be denied or abridged '. 
because of her tex or because 3he is a carried woman. 

Sec. 2. That any woman who marries a citizen of the United States after 
the passage of this Act, or any woman whose husband is naturalized after the 
passage of this Act, shall not become a citizen of the, United States by reason 
of such marriage or naturalization; but, if eligible to citizenship, she may be 
naturalizpd upon full and complete compliance with all requirements of the 
naturalization laws, with the following. exceptions; . .•,. -- 

(a) No declaration of intention shall be required; 

(b) In lieu of the five-year period of residence within the United States 
and the one-year period of residence within the State or Territory where the 
naturalization court is held, she shall have resided continuously in the United 
States, Hawaii, Alaska, or porto Rico for at least one year immediately preced- 
ing the filing of the petition. - 

Sec. 3« That a woman citizen of the United States shall not cease to bb a 
citizen of the United States by reason of her marriage after the passage of this 
Act, unless she makes a formal' renunciation of her citizenship before a court hav- 
ing jurisdiction over naturalization of aliens: Provided, That any woman citizen 
who marries an alien ineligible to citizenship shall cease to be a citizen of the 
United States. If at the termination of the marital status she is a citizen of 
the United States she shall retain her citizenship regardless of her residence. 
If during the continuance of th^ marital status she resides continuously for two 
years in a foreign State of which her husband is a citizen- or subject, or for 
five years continuously outside of the United States, she shall thereafter be 
subject to the same presumption as i§ -a naturalized citizen of the United States 
under the second paragraph of section 2 of the Act entitled "An Act in reference 
to the expatriation of citizens and their protection abroad," approved March 2, 
1907. Nothing herein shall be construed to repeal or amend the provisions of 
Revised Statutes 1999 or of section 2 of the Expatriation Act of 1907 with refer- 
ence to expatriation. 

Sec. 4, That a woman who, before the passage of this' Act, has lost her United 
States citizenship by reason of her marriage to an alien eligible for citizenship, 
may be naturalized as provided by section 2 of this Act: provided , That no certifi- 
cate of arrival shall be required to be filed with her petition if during the con- 
tinuance of the marital status she shall have resided within the United States. 
After her naturalization she shall have the same citizenship status as if her mar- 
riage had taken place after the passage of this Act. 

Sec. 5. That no woman whose husband is not eligible to citizenship shall be 
naturalized during the continuance of the marital status. 

Sec. 6. That section 1994 of the Revised Statutec and section 4 of the Expa- 
triation Act of 1907 are repealed. Such repeal shall not terminate citizenship 



acquired or retained under either of such sections nor restore citizenship lost 
under section 4 of the Expatriaxion Act of 1907. 

Sec. 7. That section 3 of the Expatriation Act of 1907 is repealed. Such 
repeal shall not restore citizenship loot under such section nor terminate citi- 
zenship resumed under such section. A ffomam who has resumed under such section 
citizenship lost by marriage shall, upon the passage of this Act, have for all 
purposes the same citizenship status as immediately preceding her marriage. 

Approved, September 22, 1922. 



4633- . - ... _ 2 - 



Circular No, 858. 

DEPARTMENT 0? THE INTERIOR 

General Lend Office 

Washington October 16, 1922, 

Amendment of the Regulations 
under the Timber and Stone Law. 

Registers and Receivers, 

United States Land Offices. 
Chiefs of Field Divisions. 
Sirs: 

There is being piinteci as Circular No. 851 a revision (approved 
September 20, 1922) of the regulations under what is commonly known as the 
Timber and Stone Lav/, and copies thereof will be furnished you as soon as 
available. 

Attention is directed to the fact that the revised regulations omit 
the former provision for the payment of $2.50 per acre if the land is not 
appraised within nine months from the date of the filing of the application. 
This will not defeat the right of any applicant to proceed under the old 
regulations if you have issued notice for publication before the receipt 
hereof.* Appraisals required in connection with all pending applications will 
be made promptly. 

The regulations provide (paragraph 2) that lands within the known 
geologic structures of producing oil or gas fields, or embraced in applica- 
tions for oil and gas prospecting permits, or in permits or leases granted, 
are not subject to entry under the lav/ until and unless the Secretary of the 
Interior shall determine that the surface of the lands may be disposed of with- 
out detriment to the public interest. 

Paragraph 14 provides that the land may be sold at the appraised 
price during one year from the date of the appraisal. After the lapse of one 



-51- 
year, an application under the act will be referred to the chief of field 
division for report and recommendation as to whether the conditions then 
existing demand a new appraisal* 

Under paragraph 23, if an applicant dies after the filing of an 
allowable application, his heirs will be permitted to make proof and payment 
and patent mil issue to the heirr:. 

Respectfully, 

GEO. R. WICK HAM, 

Acting Commissioner* 



Approved: October 16, 1922. '■ - 
E. C- FINNEY, 

First Assistant Secretary 



4644 



•2- 



-52- 

Circular Fo. 860* 

DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington. October 31, 1922. 

ACCOUNTS: Acting Registers. 

Registers Q r.d Acting Registers, 

Unite® States Land Offices. 

Gentlemen: 

Under act of Congress approved October 28, 1921, the offices of 
register and receiver have been consolidated in a number of land offices, 
and a clerk designated in each of such offices to act in case of a vacancy 
in the office of register by reason of death, resignation, or removal, or 
in case of inability to act. The Comptroller General, in a decision dated 
September 7, 1922, held that the law does not provide that the employee 
designated to act as register shall be a deputy register authorized to act 
for ard in the name of the register, and in a decision dated October 16, 
1922, he gives some special instructions concerning accounts to be rendered 
by acting registers, which instructions are incorporated herein. 

The act does not contemplate that the clerk designated to act will 
act for a short period, such as the fractional part of a day, when the regis- 
ter is absent for his own convenience, and the designated clerks will not 
act as register except in cases where there is a real necessity. 

Ordinarily, all disbursements may be made by the register as special 
disbursing agent, and it will not be necessary to advance funds to the acting 
register. In case of a vacancy in the office 'of register or in case where it 
is known that the register can not act for a considerable period of time, the ' 
acting register should make requisition in the usual way for the necessary 
funds to pay the expenses of the office. However, if the register has the 
necessary funds on hand, and knows that it will be impossible for him to pay 
the expenses of the office during his enforced absence, he may check his bal- 
ance as special disbursing agent, or such amount thereof as will be necessary 
to meet the expenses of the office during his absence, to the acting register, 
debiting the United States therewith under the appropriate titles in his ac- 
count current as ,; Trans f erred to Acting Register." The acting register will 
deposit the amount to his official credit, credit the United States -with the 
amount in his account current under the same headings and same amounts under 
each as "Received from Register," and pay the expenses in the same manner as 
though the funds were advanced to him from the Treasury. 

Money received by the acting register as such should be receipted for 
in his own name and deposited to his official credit. He must render monthly 
and quarterly accounts for all such moneys in the manner and form required as 
to receivers of public moneys, except that he need not render a monthly account 
for any period in which there are no fiscal transactions for which he must 
account . 



-53- 

As far as it is possible, money should be applied by the register 
rather than the acting register, although t,3*e allowance of any entry must not 
be delayed on this account, and, whenever it is r ry for the acting 

register to apply moneys- in connection with allowed entries, he nay 'apply 
the amounts from any moneys in his possession, without reference to whether 
they relate to the particular entries, He must, of course, have the neces- 
sary funds in hand, and he must know that the claimant whose entry is allowed 
has the necessary money on deposit either with the register or acting register. 

The register will show in the Abstract of Moneys Received (Form 4-103), 
in his Abstract of Moneys Returned or Applied (Fom 4~103a), and in his Special 
Abstracts of Moneys Applied (Form 4~103.b)., all amounts received, returned, or 
applied during the period for which his account is rendered, including all items 
received, returned, or applied by the ; ating register, but will show in paren- 
theses ail amounts received, returned, or applied by the acting register. The 
amounts shown in parentheses will not be included in the totals, and will, there- 
fore, not be carried to the register's account current, but he Trill show in 
parentheses the total of all items appearing on the abstract. He is not account- 
able for the items, but they enter into .his earnings and are needed in a single 
statement for statistical purposes. A new abstract of moneys received having 
two amount columns (one to show the amounts received by the register and the 
other, to show the amounts received by the acting register), will be provided at 
an early date, and thereafter the register may show the acting register's amounts 
in the designated column and omit the parentheses. 

Unless there is a vacancy in the office of register, the acting regis- 
ter will ordinarily be able to balance his account as acting register at the' end 
of each month, and his account as special disbursing agent at the end of each 
quarter, and this he may do by. drawing .his check in favor of the register for 
the amount of his admitted balance at the close of the period. He will debit 
the United States in his account current with the amount of this check as "Trans- 
ferred to Register," and the register will credit the United States in his account 
current with the same amount under the appropriate titles as "Received from Acting 
Register-" At the close of the fiscal year (unless there is an actual vacancy 
in the office of register), the t acting register will transfer to the register by 
check his admitted balances under all appropriations, and will not make any pay- 
ments for a fiscal year after the close thereof unless specially authorized. 

Whether the clerk designated acts as register for a short period, for 
a long period, or for several periods during the quarter, hie account vrf.ll be- 
due to be transmitted within twenty days after the end of the quarter, in the 
same manner as though he were the fiscal officer for the full period, and, be- 
ginning with the date 'on which he is first qualified to act as a fiscal officer, 
he must reader an account at the close of each quarter whether he has funds on 
hand or not . 

An acting register may not use the register's symbol numbers and may 
not, therefore, deposit money nor draw checks until he has been assigned symbol 
numbers of his own. These symbol numbers will be assigned at an early date, 
and as soon as possible thereafter each clerk d.j-ignated to act as register 
should. make requisition (on Treasury Forms 1231 and 1231a — in duplicate), for 



-54-- 

check books bearing such symbol numbers for their use of acting registers* 
They are rot authorized to use the register's blark checks, but if an emergency 
arises beforfe an acting register has received his checks^ he may draw a line 
through the register's symbol number, irsert his own and so use the registers 
blark checks. 

In case ore acting register is succeeded by another, he may deliver 
his unused checks to his successor'.taking his receipt therefor and advising 
the Chief of Printing and Stationery, Treasury Department, of the fact, giving 
date, check numbers and the name of the party (with symbol number if possible), 
to whom they are delivered. The successor may use checks on which symbol 
numbers have not already been charged, by scratching out the printed symbol 
and inserting his own. 

Ve ry re spect fully, 

G30. R. WICKHAM, 

Acting Commissioner. 



INDIANS ON RAILROAD. LANDS . 

March 4, 1913, Congress passed an act providing that, where Indians 
were occupying railroad lands in Arizona, California, and New Mexico, who had 
been there for 5 years or more, and who were entitled to receive the lands 
in allotment, if the grant to the railroad company did not exist, the railroad 
might, within a period of three years, give up the lands and select tracts of 
equal area and value elsewhere in the same State. 

The provisions of that act were extended by Congress in 1916 to 
March 4, 1918, and in 1919 to March 4, 1920. By the act of September 21, 1922 
(Public 329, Sec. 2), they have now been extended to March 4, 1923. 

This section provides; 

That all', of the provisions of an act entitled "An Act for the 
relief of Indians occupying railroad lands in Arizona, Few Mexico, or 
California" approved March 4, 1913, and amended by the Act of April 11, 
1916, and the Act of June 30, 1919, be, and the same are hereby, ex- 
tended to March 4, 1923; provided, That the provisions of this Act shall 
apply only in cases where it is shown that the lands were actually 
occupied in good faith by Indians prior to March 4, 1913, and the ap- 
plicants are otherwise entitled to receive such tracts in allotments 
under existing law, but for the grant to the railroad company. 



-55--*- 
(Public— No. 3?4—e7th Congress.) 

(H. R. 6863.) 

An Act Granting to certain claimants the preference right to 
purchase unappropriated public lands' in the State of Arkansas. 

Be it enacted, by the Serate and House of Representati ves of the U : 
States of ■America in C ca.—s sc assembled , That the Secretary of the Inte 
in his judgment and discretion, is hereby authorized to sell, in the m 
hereinafter provided, any of those public lands situated in the State qf 
Arkansas which were originally erroneously meandered and shown upon the of- 
ficial plats as water-covered areas, and which are not lav/fully appropriated 
by a qualified settler or sntryman claiming under the public land laws. 

Sec. 2. That any citizen of the United States who in good faith under 
color of title or claiming as a riparian owner has, prior to this Act, placed 
valuable improvements upon or reduced to cultivation any of the lands subject 
to the operation- of this Act,, shall have a preferred right to file in the 
office of the register, and receiver of the United States, land office of the 
district in which the lands are situated, an application to purchase the lands 
thus improved by them at any time within ninety days from the date of the 
passage of this Act if the lands have been surveyed and plats filed in the 
United States land. office; otherwise within ninety days from the filing of 
such plats. Every such application must be accompanied with satisfactory 
proof that the applicant is entitled to such preference right and that the 
lands which he applies to purchase are not in the legal possession of an ad- 
verse claimant. 

Sec. 3« That upon the filing of an application to purchase any lands 
subject to the operation of this Act, together with the required proof, the 
Secretary of the Interior shall eaase the lands described in said application 
to be appraised, said appraisal to be an the basis of the value of such lands 
at the date of appraisal, exclusive of any increased value resulting from the 
development or improvement thereof for agricultural purposes by the applicant 
or his predecessor in interest," but inclusive of the stumpage value of any 
timber cut or removed by the applicant or his predecessor in interest. 

Sec. 4. That an applicant who applies to purchase lands under the pro- 
visions of this Act, in order to be entitled to receive a patent must within 
thirty days from receipt of notice of appraisal by the Secretary of the In- 
terior pay to the receiver of the United States land office of the district 
in v/hich the lands are situated the appraised price of the lands, and there- 
upon a patent shall issue to said applicant for such lands as the Secretary 
of the Interior shall determine that such applicant is entitled to purchase 
under this Act. The proceeds derived by the Government from the sale of lands 
hereunder shall be covered into the United States Treasury and applied as 
provided by law for the disposal of the -proceeds from the sale of public lands, 

Sec. 5. That the Secretary of 'the Interior is hereby authorized to pre- 
scribe all necessary rules and regulations for administering the provisions 
of this Act and determining conflicting claims arising hereunder. 

Approved, September 21, 1922. 



-5-6- 

(public — No, 319 — 67th Congress.) 
(H. R. 70.) 

An Act To allow credit for husbands* military service in case of 
homestead entries by widows, and for other purposes. 

Be it enacted by the Serate and House of Representatives of the United " 
States of America in congress assembled , Thati*i the case df the death of any 
person who would be entitled to a homestead under the provisions of the Act 
of Congress approved February 25, 1919 (Fortieth Statutes at Large, page 1161), 
entitled "An Act to extend the provisions of the homestead laws touching credit 
for period of enlistment to the soldiers, nurses, and officers of the Army and 
the seamen, marines, nurses, and officers of the Navy and the Marine Corps of 
the United States, who have served or will have served with the Mexican border 
operations or during the war between the United States and Germany and her 
allies,"' , his widow, if unmarried and otherwise qualified, make entery of public 
lands under the provisions of the homestead laws of the United States and shall 
be entitled to all the benefits enumerated in said Act subject to the provisions 
and requirements as to settlement, residence, and improvement therein contained; 
Provided , That in the event of the death of such homestead entrywoman prior to 
perfection of title, leaving only a minor child or children, patent shall issue 
to the said minor child or children upon proof of death, and of the minoritv 
of the child or children, without further showing or compliance with law.' 

Approved, September 21, 1922. 



(public— No. 335— 67th Congress.) 
(S. 2983.) 

An Act To authorize the Secretary of the Interior to grant extensions' 
of time under permits for the development of underground waters within the State 
of Nevada, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in congress assembled , That the Secretary of the Interior may, 
if he shall find that any permittee has been unable, with the exercise of dili- 
gence, to begin or continue operations for the development of underground waters 
within the' time prescribed by sections 4 and 5 of the Act of Congress approved 
October 22, 1919 (Forty-first Statutes, page 295), extend the time for the be- 
ginning, recommencement, or completion of the said operations described in saiu 
sections for such time, not exceeding tv/o years, and upon such conditions as he 
shall prescribe. 

Approved, September 22, 1922. 



~5?- 

(Public — No. 339— 67th Congress.) 
(H.-, R.. 8119.) .. 

An Act For the relief of certain persons, their heirs or assise., who 
heretofore relinquished lands inside national forests to the United Stateso 

Be it e nac ted by the Senate and House of Representatives of the Un ited 
States of America in Congres s assembled, That where any person or persons in goo3 
faith relinquished to the United States lands in a national forest aa a basis f >:• 
a lieu selection under the Act of June 4, 1897 (Thirtieth Statutes at Large, , • ; e 
11, 36), and failed to get their lieu selections of record prior to the'pasea 
of the Act of March 3, 1905 (Thirty-third . Statutes at Large, page 1264), or whose 
lieu selections, though dyly filed, are finally rejected, the Secretary of the 
Interior, with the approval of the Secretary of Agriculture, upon application of 
such person or persons, their heirs or assigns, is authorized to accept title to 
such of the base lands as are desirable for National- forest purposes, which lands 
shall thereupon become parts of the nearest national forest, and, in exchange 
therefor, may issue patent for not to exceed an equal value of national- forest 
land, unoccupied, surveyed, and nonmineral in character, or the Secretary of 
Agriculture may authorize the grantor to cut and remove an equal value of timber 
within the national forests of the same State. Where an exchange car. not be 
agreed upon the Commissioner of the General Land Office is hereby authorized to 
relinquish and quit claim to such person or persons, their heirs or assigns, all 
title to; such lands which the respective relinquishments of such person or persons 
may have vested in the United States; Provided , That such person or persons, 
their heirs or assigns, shall, within five years after the date of this Act, make 
satisfactory proof of the relinquishment of such lands to the United States by 
submitting to the' Commissioner of the General Land Office an abstract of title to 
such lands showing relinquishment of the same to the United States,, which ab- 
stract or abstracts shall be retained in the files of the General Land Office. 

Sec. 2. That if it shall appear that any of the lands relinquished to the 
United States for the purpose stated ih the preceding section have been disposed 
of or appropriated to a public use, other than the general purposes for which the 
forest reserve within the bounds of which they are situate was created, sucn lands 
shall not be relinquished and Quitclaimed as provided therein, unless the head 
of the department having jurisdiction over the lands shall consent to such re- 
linquishment; and if he shall fail to consent, or if any of the land S3 so relin- 
quished have beer otherwise disposed of by the United States, other surveyed, 
nonmineral, unoccupied, ur re served public lands of approximately equal area and ■ 
value may be selected and patented in lieu of the lands so appropriated or ^dis- 
posed of in the manner and subject to the terms and condixions prescribed by 
said Act of June 4, 1897, and the regulations issued thereunder: Provided , That 
applications to make such lieu selections must bo filed in the General Land Office 
within three years after the date of this Act. 

Approved, September 22, 1922. 



J5SU 

(Public— Fn* 338— -j 7th Congress.) 
(S. 3641.) 

An Act To grant and confirm to the State of Florida title in and to 
sections sixteen within the exterior limits of the area patented to the State of 
Florida April 23, 1903, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the United 
Stat es of America in Congress assembled , That all the unsurveyed sections sixteen 
within the exterior limits of the area patented to the State of Florida April 23, 
1903, under the provisions of the Act of September 28, 1850, Finth Statutes at 
Large?, page 519, embracing the so-called Everglades, rot mineral in character, and 
not occupied or May 27, 1922, by bona fide settlers u?ider the homestead law, be, 
and the same are hereby, reserved, granted, and confirmed to the State of Florida 
for the benefit of public schools as though the official surveys had been ex- 
tended over such lands. 

Approved, September 22, 1922. 






-53- 

CONSOLIDATED WORK REPORT OF UGCAL LAND OFFICES 
FOR MONTH OF SEPTEMBER, 1922. 





: . End Last Month. 


i Received and 


!End of This Month. 






: Disposed of. 








:Pend- :Sus- :Pend- 


:Rec*d 


:Trar.s— 


;Kww 


.Now 


P-' 


id- 




:ing jpended :irg u^- 


:in . 


tmittett 


.pend- 


:sus- 


:ir.g 


OFFICES* 


:desig-:re jec- racted 


:this 


Jto GLO 


ing 


:pend- 


unact- 




;nation:ted : on by 


:month. 


:this 


de- 


:ed 


ed 






: :other- :R.& R, 




:motvtfe. 


H&- 


fc re* 


on 


by 




: :vdse. .; 






na* 


' ject- 


R* 


<x R* 




; ; * 






.tion. 


ed 








' : : 








.other- 








» .» : 








.wise . 






Alabama 


' . : : 














Montgomery 


. : .23 • 


: 24 . 


| 26 




! 21 






Alaska 


: i : 














Fairbanks (a) 


' : : 














Juneau 


'. : I 95 : 


68 


• ; 71 




192 






Nome (a.) 


i ; 














Arizona 


■ .' I . J 














Phoenix 


327: 387 : 


201 


: 454 


277 


184 






Arkansas - 


: : 














Camden 


: 30 : ' ; 


32 


; 34: 




28 






Harrison 


. r ' ': 22 : : 


74 . 


: 70: 




26 






Little Rock 


.: 95 : « 


39 


: 42. 




92 






California 


• : ■ 














El Centre- ' - 


ll': • 26 : 


28 


: 35: 


11 


19 






Eureka 


40: 2 : : 


30 


25: 


44 


3 






Independence 


64: 74 : 


42 


J 42 


63 


75 






Los Angeles , 


-67: 174 : 


114.. 


143- 


61 


151 






Sacramento ; 


102: 53 : '.: 


59 


49: 


104 


61. 






San Francisco. : 


14:2: 53 : : 


. 107 


98: 


148, 


56 






Susanville ; 


' &7": 21 : : 


22 


28: 


38: 


14: 






Visalia ', • 


. 2'9: . 15 : : 


56 


56: 


25: 


19. 






Colorado : 


: : : 














Del Norte (a). : 


: : '• 














Denyer ; 


173; ■ ' 66 : : 


85 " 


104: 


163: 


57. 






DurangA ; 


90: 52 : ': 


87 * 


85: 


92: 


52. 






Glenwood Sprgs. ; 


278: 275 : . : 


189 


265: 


284: 


193. 






Lamar : 


91: 72 : : 


136 


162: 


92: 


45, 






Leadville « 


59: 25 : 1 : 


: 51 


58: 


50: 


26 




2 


Montrose - . 


' '216: . 78 : ' : 


'85 


122: 


180, 


77. 






Pueblo : 


: 306: 279 ; : 


191 


ZZ9i 


295: 


252 






Sterling (a) ; 


: : « 














Florida : 


: : ■'• J 














Gainesville j 


:: 18 : 6 "i 


57 


54: 




21. 




6 



-60- 



(a) 



Idaho 

Black foot 
Boise 

Coeur'd'Alene 
Hailey 
Lewiston 
Kansas 

Topeka 
Louisiana 

Baton Rouge 
Michigan 

Marquette 
Minnesota 
Cass Lake 
Crookston 
Duluth 
Mississippi 

Jackson 
Montana 
Billings 
Bozeman 
Glasgov; 
Great Falls 
Havre 
Helena 
Kalispell 
Lev/istown 
Miles City 
Missoula 
Nebraska 
Alliance 
Lincoln 
Fevada 

Carson City 
Elko 
Few Mexico . 
Clayton 
Ft. Sumner 
Las Cruces 
Ro swell 
Santa Fe 
Forth Dakota 
Bismarck 
Dickinson 
Oklahoma 
Guthrie 
re gon 
Burns 
La Grande 
Lakeview 
Portland 
Rose burg 
The Dalles 
Vale 



156 
129 



(a) 



34 



10 



61 
141. 

257. 

35 
165 
149 
1 
371T 
228 

37 

37 
26 

27 

34 

97 

83 

125 

t 179 

i 240 

37 

35 

64 

46 
112 



1 

191 

65 



: 197 ; 2 


;• 116 


:164 


: 177 


: 129 : 


: 95 : 


: 109 


:119 


: 129 


: 85 : 


: 26 : 


: 13 


: 8 


: 1 


: 30 : 


: 116 : 


: 61 


: 63 


: 65 


: 96 : 


: 10 : 


: 20 


: 20 


9 


: 14 : 


: 14 : 


: 10 


: 19 


: 27 


: 12 : 


: 55 : 


: 43 


: 33 




: 65 : 


: 17 ; 


39 


: 31 


: 1 


; 24 : 




41 


■ 37 




: 14 : 


: : 33 : 


30 


29 




: 34 : 


: 6 : : 


18 


17 




7 : 


: 213 : : 


28 : 


28 . 


39 


235 : 


: 99 : : 


97 : 


86 : 


152 


99 : 


: 176 : : 


152 : 


158 : 


245 


182 : 


: 100 : • 


84 : 


100 : 


35 


84 : 


: 133. : ; 


107 : 


166 : 


112 . 


127 : 


: 81 : : 


111 : 


109 : 


149 . 


83 : 


: 14 : 2 .: 


23 : 


21 : 




17 : 


: 61 ; : 


87 ; 


101 : 


351 • 


67 ; 


: 233 ; 


221 : 


275 ; 


185 : 


222 : 


: 20 ; : 


56 : 


72 ; 


20 : 


21 : 


: 4 : , *; 


24 :' 


20 : 


38 ! 


7 ': 


: 7 : : 


9 : 


9 : 


26 : 


7 : 


: 117 : : 


75 : 


81 : 


27 : 


tti : 


: 44 : : 


28 : 


33 : 


34 : 


39 : 


: 59 : : 


73 : 


74 : 


101 : 


54 : 


: 70 • : 


115 : 


129 : 


56 : 


83 : 


: 168 = : 


106 : 


179 : 


106 : 


113 : 


: 120 • : 


194 : 


194 : 


190 ; 


109 : 


: 235 : ' : 


315 : 


270 : 


254 : 


266 : 


: 53 : : 


39 : 


29 : 


37 : 


63 : 


: 30 : 


17 : 


.18 : 


27 : 


37 | 


: 14 [ : 


45 : 


44 ; 


65 : 


14 : 


: 28 : : 


51 : 


49 : 


44 : 


32 : 


: 23C : : 


27 : 


34 : 


112 : 


223 : 


: 5 : : 


31 • 


31 : 




5 : 


: 26 i 


52 : 


53 • 


1 : 


25 : 


: 40 ; ' 


77 * 


70 : 


199 : 


39 : 


• 67 ♦' : 


45 : 


54 : 


56 : 


67 : 



-a- 



South Dakota 
Belief ourr.he 
pi e r re 
Rapid City 
Utah 

Salt Lake City; 

Ve rnal ; 

Washington >\ 

Seattle : 

Spokane' : 

Vc'.r-.ouver : 

Walla 'Valla : 

Waterville ; 

Yak ima : 

Wisconsin ; 

Wausau ; 

'Wyoming- ; 

Buffalo i 

Cheyenne ; 

Douglas i 

Evanston ■; 

Lander : 

_ Newcastle _; 

TOTAL, ; 





: : 




: : 






6 


: .39: 


: 84 


: 82 : 4 


: .43 




160 


79: 


: 87 


: 115 : 148 


:' 63 




82 


59: 


: 105 


: 106 : 79 


61 




591 


; 440: 


: 210 


: 465 : 465 


311 




38 


: 26: 


: 24 


: 36 : 35 


: 17 






: 13: 


: 8 


5 : 


16 




27 


: 26: 


"t" 30 


28 : 2? 


: - 28 




4 


12 : 


: 10 


11 : 4 


11 . 




39 


8: 


: 29 


27 : 39 . 


10 . 




65 


62: 


:' 26 . 


27 : 65 . 


61 : 




24 


< 9: 


" ■ 4: ' 20 


25 : 25 , 


7 : 




7 


4? 


: 14 : 


13 : 5 : 


5 : 


2 


3.40 


09- '- 


: 14B : 


157 : 146 : 


74 : 




261 : 


246: 


: 228 : 


247 : 203 : 


285 : 




100 


240: 


. : 356 : 


297 : 86' : 


. 243 : 


70 


12-2 : 


' 'S20 r 


1 : 85 : 


52 : 125- ■"': 


250 : 


1 


94 : 


96: 


: 62 : 


80 : 100 : 


• 72 : 




221 : 


150: 


; 184 : 


198 : 226 : 


131 : 






6*869- 


16 ; 6£76 : 


7,250 :6,779- : 


6,293 : 


85 



NOTE: (a),;-* No' report received "from these offices on October 27, 1922 



LEGAL HONORS FOR THE LAND SERVICE. 

— o — 



At the ' fall convocation of George Washington University of Law, on 
October 26, 1922, the degree ol L.L.B. was conferred upon Mr. Roger p. Almond, 
Division of Mining Claims«j— end Mr. Herbert W. Gediman, Division 'of Public 

Lands© 

OBITUARY . 
--0-- 



John H. Gil lia: — Another leaf has been turned down in the book of life. After 
a brief illness, at the early age of twenty-f our, our fellow-worker and asso- 
ciate, John H. Gillis, bade us a final farewell, October 16, 1922. 

He entered upon his duties in the General Land Office February 7, 
1922, with more than the usual promise of a useful and successful career. As- 
siduous and attentive in the 'discharge of his official duties, courteous and 
kindly in his contact idth- others, his death has left a profound impression of 
personal bereavement, rare in the case of an association limited to so brief 
a period of time, 

Mrs* Eva_S. Evans: — The death of Mrs. Evans, which occurred at her residence in 
this '.ixy October 26, removes one of the notable figures in the personnel of the 
General Land Office. 

She entered the service September 7, 1881,' and until her retirement 
last August, due to ill health, her services had been continuous. In her 
specialty., "Land and Timber Trespass," she *as a recognized authority in the 
office, keeping abreast of the decisions of the courts and the Department on 
the many phases of this subject. Faithful and diligent to an extreme' in the 
discharge of her own duties, yet always ready and .helpful with her knowledge 
and experience in aid of her associates* 

The work of the G„ L. 0. will go on, new hands will take up her 
duties, but the place she made for herself in the service will remain vacant; 
this is the highest tribute the livirg can pay the departed. 



TELL THE BULLETIN. 

To all Local Offices a n d Field Service Employees : 

If anything occurs, in the public land service, which you think is of 
administrative value, tell us about it. Address all communications to the 
Commissioner of the General Land Office, "Land Service Bulletin." All infor- 
mation should be received not later than the 24th of each month for use in the 
current number. 



;4694) 



illlSffl} MOT> miSg 



/ 7 



By direction of the Secretary of the Interior the matter contained herein 
is published as administrative information and is required for the proper 
transaction of the public business. 



Vol, 6. 



December 1, 1922. 



No. 10 



THE ANNUAL REPORT. 

Before this number of the Bulletin reaches the field the annual 
report of the General Land Office for the fiscal year ending June 30, 
1922, will have become a public document, and copies of the report will 
be presently available in all branches of the Land Service. 

A study of the annual reports of the General Land Office from 
year to year through any given period of time will disclose the fact that 
the disposition of our public lands and the work incidental thereto has, 
at all times, been carried forward under a recognized pressure of public 
interests. Hene© each report will be found to emphasize certain adminis- 
trative results deemed, at the time, of special importance. The Bulletin, 
therefore, feels justified in callirjr attention to some of the special 
accomplishments disclosed m t;ir ,amiual report as indicative of the present 
activities of the Land Service, only touening the high points. 



1. Patented during the year 12,904,821 acres, an increase of 
2,787,011 acres over the year 1921. 

2. Collected from all sources during the year an aggregate of 
$11,784,695.72, of which sum, after the deposit in the Treasury of the 
United States of the receipts for the benefit of special funds, there 
pras turned over to the Treasury of the United States to the credit of its 
general fund the sum of $3,848,598.42. 



3, Conveyed to the States entitled thereto 814,734 acres of 
indemnity school land, and 91,860 acres of quantity grant lands. 

4* Certified and patented under railroad and wagon road grants 
1,490,397 acres. 

5, Issued 6., 805 Indian trust patents for an area of 495,803 
acres, and 2^265 fee patents to Indians, for an area of 252,560 acres. 

6. Issued 223 coal-prospecting permits embracing 210,404 acres, 
and 24 leases of coal lands covering 11,248 acres. 

7* Awarded 4,985 oil-prospecting permits under sections 13 and 
20 of the mineral leasing act of February 25, 1920. 

8, Awarded ten leases of oil lands under section 14 of the 
leasing act, based on discovery, embracing 4,860 acres. 

9. Issued under the relief provisions of the leasing act 84 
leases covering 17,455 acres, and 181 prospecting permits for 133,290 
acres. 

10, Issued 603 oil and gas prospecting permits in Alaska. 

11* Received under the mineral leasing act for the fiscal year 
$8,798,368.74, of which sum $6,373,869.98 was f;:om public lands, and 
$2,424, 498*76 from naval petroleum reserves. 

12. Restored and opened subject to the preference right of 
ex-service men, 2,312,690 acres. 

13. The former heavy arrearage existing in this office in the 
matter of settlement claims is now only an Unpleasant memory, this line 

of work being fully up to active current conditions. Approximately 5,000 . 
more patents were issued during the year 1922 than the year previous, in- 
volving an increase of 2,787,011 acres, of which increase 2,459,833 acres 
were covered by entries under the homestead laws, making a total of 
9,632,635 acres patented under these laws. At the present time final 
homestead entries are acted upon in. the General Land Office within thirty 
to ninety days after the final certificate has issued, and it is proposed 
to keep -the office up to this present mark, for it is fully appreciated 
that no class of our work deserves greater promptness in action than the 
adjudication of titles to the home and fireside. To this end the local 
offices can largely contribute by exercising special care in the prepara- 
tion of the record at each step of the homesteader, from the initiation 
of his claim in the local office, until the submission of his final 
proof. Corrections of errors at the inception of'" the entry may be often 
easily made, whereas, if the error goes Unnoticed at that time, only to 
be noted later, much delay and expense may follow that otherwise might 
have been avoided. 



.2- 



UNITED STATES RLCL.i J aTI0tf SERVICE. 

C— , 

The 17th day of June, 1922,. narked the completion of twenty years 
in the .operation of the national Reclamation Act, hence the annual report 
of the Bureau for this year is of unusual interest, and the accomplishments 
pi' the Service in this period are somewhat startling in- their results. 

The investment in construction during this period has been in : -• 
round numbers $ 13 5, 000, 000* This investment has accomplished the con- 
struction of works by which about 1,675,000 acres of arid land in the west 
have been furnished with a complete water supply and about 1,100,000 ad- 
dition 1 acres in private projects have been furnished a supplemental sup- 
ply under the provisions 'of 'the warren Act. On the Government projects 
proper the area given comprises 31,462 farms, or an average area per farm 
of about r 3 acres, arid these farms support upwards of 30,000 families. 

The l,lF?p^00 acres cropped on the Government projects proper 
produced creps in 1921 to the value of $49,620,300, and about £45,000,000 
additional was added from the crops grown on private projects receiving 
their water supply from the wcri of the Service.. In other words, from an 
agricultural s tandp jint the Rec tation Service has added a State to the 
Union, equal in value of its agricultural products to that of the State of 
West Virginia or to the combined values, of the crops of the States of 
Vermont .and Connecticut. 

In this connection it is particularly interesting to note that 
the value of x l s crops grown on the irrigated, lands in the Federal projects 

;in 1921 averaged $42? 85* per acre as. compared with the average value of 
only $3.4,52 e for the ten lea ding:' crops in the United. States as a whole in 
the same' year, or practically three times as much in favor of the irrigated 

.lands. '.'.'.. 

Since the Government works began the delivery of irrigation water, 
the crops produced on the reola3.me,,d, lands have exceeded £475,000,000 in 
value. This do 'r not iiic.lud.o" t he large areas under private systems served 
Government water, nor increased values .produced as live stock and stock 
products. The increase in the- value, of the lands as a result of Government- 
reclamation' v/ork is estimated to amount to over ;* 500, 000, 000. 

. . " »■" ■ SURVEY NOTES. 

Alaska Surveys . ■ '•'•'. 

During the past month the following-described surveys executed 
in the fall of 1920 and slimmer of 1921 by Otis Ross, United States Cadas- 
tral Engineer under Groups Kos. 20 and 21 at Cold Bay, Alaska, were ac- 
cepted: 

Seventh standard parallel south through ranges 40, 41, 42, 43, 
and 44 V.". , and fractional ges 39 and 45 "W. . 

Eighth- standard para]";- ' south through fractional range- 44 ".';. , 
fractional south and east' boundaries, T. 29 S. , R. 42 T7. , fractional 



east boundary, . T. 28 S., R. 



-3- 



Fractional oast boundary, Ts-. 27 and 28 S., R. 45 17. 

Fractional south boundary, T. 27 S., R. 44 W« 

East boundaries, ^.ownships 29, 30, 31, and 32 S. , R. 45 W. 

Fractional north boundary, T. 30 S., Rs. 42 and 43' W. 

Fractional subdivisions, T. 29 S., Rs. 43 and 44 T7. , and T. 30 
S. , R. 42 TV., and fractional subdivisions and meanders, T. 28 S., 
R. 44 W., and T. 33 S. , R. 45 17, 

These surveys which are all related to the Seward Meridian were 
authorized for the prime purpose of furnishing a control for the location 
of the oil and gas prospecting units at Cold Bay rather than for the pur- 
pose of returning as surveyed any particular area to be disposed of under 
the public land laws. In all ever 100 miles of lines were run touching 
each and every locality where there were oil and gas applications lying 
from: Cold Bay, Portage Bay, and Wide Bay westward to Ugashik Lakes, 

Oil -seepages and oil residue deposits as well as the presence 
of oil on the surface of several of the streams were reported throughout 
the general area covered by the survey* The following is the "general 
description" returned by Mr. Ross; 

The land through which' this survey passes, known as the "Cold 
Bay district," is divided by an arm of Becharof Lake into two parts, 
locally called the "East and West Fields." 

The topography, soil, and vegetation of the two fields are 
practically identical. 

The East Field drains into Cold Bay and Becharof Lake, while 
the drainage of the West Field is into Becharof Lake, Ugashik Lake, 
and 7/ide Bay. 

The entire area is rolling, broken, mountainous land except 
for occasional small strips of bottom land along the creeks and small 
patches of marsh. 

The soil ranges from a poor grade of loam to gravel and rock. 

There is no timber in this section of the country and the under- 
growth, which is mostly confined to the lowlands, is small and scrubby. 

Entire area is well watered by numerous small creeks and is well 
drained. 

Mount Pculik is situated in the -western part of T. 28 S. , R. 43 
T7. , and Peulik Crater, immediately south of it, is crossed by the 
Seventh Standard Parallel South, in R. 43 77. 

Practically all of the Cold Bay district is staked as oil claims, 
and numerous seepages of oil arc found in the vicinity of Cold Bay and 
Portage Bay. Wo other mineral in evidence. 

— 0— 
Copper River Meridian . 

In addition to the above, during the last month, the survey of 
the following townships along the Gulf of Alaska accepted: 



-4- 



T. 21 S. , R. 17 E-, Copper River Meridian. 

21 S., R, 18 E., " " " 

21 S.i R. 19 B.; " " " 

22 SV, R. 19 E'., " " " 
22 Si* R. 20 E., " " " 

The lands are situated near Cape Yakataga and there are oil indications 
shown in the, :? lcld-»note record. 

Seward_ Meridian. 

Further surveys in the region of Kodiak Island governed by the 
Seward Meridian and embracing Amook Island about 9 miles long and 3 miles 
wide in Uyak Bay. were recently accepted (November 28, 1922): 

The fractional townships were — 



23 S. . R. 


27 W., 


Seward Meridian 


34 S., R. 


2? VI., 


i) 


11 


30 S., R„ 


30 77. , 


ii 


II 


32 S»j R. 


28 XI., 


ii 


II 


31 S... R„ 


28 «., 


n 


II 


32 S., R. 


29 77. ; 


n 


II 


30 Si, R, 


28 w.; 


H 


II 



Near the south end of Amook Island there was surveyed under this 
group an island in Dyak Bay containing about 60 acres, named Alfa Island. 

According to the surveyor's notes there was ho indication on 
either of these Islands of mineral or oil, but both' arc used for fox-raising 
•purposes. Mr. Petroslreyj a settler on Amook Island, has only one acre in 
cultivation, yet has $>3 ¥ ,00Q worth of improvements and devotes his entire 
attention to the raising of silver grey foxes. There are no other settlers 
on this Island. On the smaller island, a man by the name of Paakenan, has 
settled and is also engaged in fox farming. 





FORT KEL0GH ABANDONED MILITARY RESERVATION, MONTANA. 

Under authority of Executive Order No. 3711, dated July 26, 
1922, the Department on November 14, 1922, authorized the s urvey and ap- 
praisal of that part of Fort Keogh Military Reservation described as lying 
easterly of the present channel of Tongue River. The survey will consist 
of the meandering of an artificial channel of the river and the running 
out of the center line of the abandoned channel in sections 32 and 33, T. 
8 N., R. 47 E., Principal Meridian, Montana, lying opposite Miles City. 
The two original bends in the river thus cut off by the artificial channel 
are also the subject of Senate bills 254 and 277 now pending before Congress. 
These bills have for their purpose the creation of a public park or fair 
grounds for the town of Miles City. It will therefore bo the purpose of the 
Surveying Service to so execute the survey that the lands may be disposed of 
under either of the bills if enacted into law or as an abandoned military 
reservation under the provisions - ± the act of July 5, 1864 (23 Stat. ,103), 
as authorized by said Executive Order No. 3711. 

-5t- 



A PRE-HISTORIC AMERICAN OBSERVATORY. 

Suring the past month the preliminary report of Mr, Glen R. Haste, 
United States Surveyor, was received at this office covering the identifica- 
tion of the legal subdivisions of the public land surveys upon which the 
pre-historic ruins in southeast Utah and southwest Colorado, to be included 
in a national- park, are located. 

Of particular interest to the Cadastral Engineering Service is the 
public report that among these pre-historic ruins now to fall under the pro- 
Lcticn of the National Park Service, is an ancient astronomical observatory 
■Sn-^ca.J.ve of the fact that hundreds of years ago it was a seat of science 
among the pre-historic Americans., 

The Observatory is in the form of a round masonry tower approxi- 
mately 15 feet high and 10 feet in diameter. It was probably used in making 
solar observations when the sun was on the horizon either at sunset or at 
sunrise and while, at best, we can tut conjecture as to what, if any, know- 
' 3-AriEe these pre-historic people had of the changes rn the sun's declina- 
tion ami !■ r. ^ k ] on . the indicia give rise to the firm belief that they 
made their time for planting and the carrying on of other agricultural ac4i 
tivities, dependent upon the observed position of the aun. 

Crude as this device may appear it manifests a scientific develop- 
ment far in advance of what is generally credited to these early inhabitants 
and when one stop-, t; reflet c chat centuries elapsed before Benjamin H. 
Smith in I860, done '.yod the fundamental principles of our modern solar at- 
tachment to the engineers transit with its solar telescope, latitude, 
declination, and hour arcs now so successfully used in determining latitude, 
azimuth, and time, by observations on the sun, the accomplishments of these 
primitive people are all the more wonderful. 

„0— 

COOPERATIVE ;,';0RK ".YITH THE DEPARTMENT OF JUSTICE. 

The folJ owing extract from a letter dated December 16, 1921, from 
the .attorney General to the Secretary of the Interior relative to the part 
taken by the surveying service in the Red River oil litigation is a tribute 
to our surveying service which, the Bulletin can not pass unnoticed: 

Referring to Oklahoma v, Texas, United States intervener, 
No. 20 Original, in the Supreme Court of the United States, I wish 
to express my appreciation of the cordial and effective cooperation 
of your Department in mek / the prolonged investigation "necessary 
to the preparation of the case for the Government. 

The General Land- Of f ice maintained a small corps of sur- 
veyors on Red River from early in August, 1919, until a few weeks 
ago, These surveyors were under the. personal charge of Robert W. 
Livingston, United States Cadastral Engineer, and under the general 
direction of Arthur D. Kidder,. Associate Supervisor of Surveys,- who, 
in addition to supervising the work generally, made several visits 
to the field. The work was always strenuous and sometimes very ur- 
gent, and was conducted enthusiastically without reference to the 

-6--- • 



ordinary hours of labor. Whether the Government finally prevails in 
all its contentions or not, these officers and the men under them 
have made a fine record and given an example of what may be attained 
by cordial cooperation be bweeij the forces of the tv7o department.-:. 



FIELD SERVICE NOTES . 

Mineral Examiner M. -A.- Spars is engaged temporarily in oil land 
examinations in Louisiana, . . ' 

Special Agent Earl W« Chafee has completed his season's work in 
Minnesota, MicHgrn, and Wisconsin and is now preparing his reports in the 
G^nerr. l T ,^ni :>^ij-ce preliminary- to further detail in the field. 

Special Agents A. W. Thompson and v;, M. Gilcrest, of the Denver 
Division, have been transferred for the winter to the Santa Fe Division. 

Mineral Examiner. C. C. Smith; who has been on temporary duty in 
the Denver Division;, has returned to the Santa Fe Division. 

Special Agent C. R* Bradshaw, of the Helena Division, has been' 
transferred to temporary duty in the. Southern Division. 

Special Agents T. P. Garvey, L.B. Kimble, and R. C. Miller 
have been temporarily transferred from the Helena Division to the Santa 
Fe Division. 

Miss Isadore Montague, Chief Clerk of the Salt Lake Field Divi- 
sion, resigned October 15, She is now residing in |!Cps : Angeles, California. 

M. G. Livermore, Ghfe.f. Clerk,, Santa Fe : Division, has been ap- 
pointed Detailed Clerk, which de-Ea'il authorizes Chief Murphy to use him 
in the field when the work warrcnts. 

Special Agent H. K, I-^igson, recently on temporary duty in the 
General Land Office, was transferred "to^ihfe Treasury Department, November 
10, with headquarters in Phiiaa.eLphia*.^' ' '' 

Chief of Field Service Hair left for "Jackson, Mississippi, on 
an inspection trip October 18* He was accompanied by the Commissioner and 
Administrative Assistant C. A. Obenchain, The last-named officials will 
make an inspection of all local offices in the Southern States before re- 
turning to Washington. 

Mr. Charles 17. Richie^ for many years a Special ^igcnt, who was 
temporarily transferred last July to the Bureau of Investigation. Depart- 
ment of Justice, has completed his assignment and returned to duty in the 
Field Service. The past year has been a" particularly unkind one to Mr. 
Richie. In May. he suffered the loss of a leg by amputation, and in October 
Mrs. Richie met her death through a fall from the window of their apartment 
in Detroit, Michigan. 



Special. Agent Thomas Elmos, of the Denver Field Division, was a 
recent caller at the General Land Office, returning from a vacation at his 
eld home in Connecticut enroute to Denver. 



Ite ms fro m t he Docket . 

Six suits won. One for trespass in Washington and compromise 
offer of $500 accepted and paid; one to vacate patent in Washington and 
80 acres recovered; two in California and t»\ro in Colorado for forfeiture 

of right of way. 

Four indictments in Arizona for conspiracy, under section 37 and 
four reported in New Mexico for the same offense. 

Two convictions in Idaho reported under section 37 — conspiracy, 
jail sentences^ and fines' of $2,600 imposed; two convictions in New Mexico 
for conspr.r.asy and prison sentences, and fine of $5,000 imposed ;*• one con- 
viction in Louisiana for perjury and prison sentence imposed. 

F rom Lewis ton, Idaho . 

In days long since passed it -was not unusual to find vacant Govern- 
ment land within a. short distance of the land office, but never before in 
our experience has there been a live homestead entry held down by a live home- 
stead entryman, that one could see from the -land office windows, but such a 
case now exists with us. 

It appears that one Lewis Frank Mathewson, of this city, holds 
homestead entry No, 07764, allowed November 25, 1921, under the act of 
September 5, 1914, for the NW|- SEi Sec. 24, T. 36 N., R. 6 U. , Boise 'Meridian, 
and he being an ex-service man, is advertised to make final proof thereon 
November 15, 1922. 

As the townsitc of Lewis ton comprises Lots 3 and 4,Sec. '6, T. 35 
N. , R. 5 W., Lots 1 and 2, Sec. 1, T. 35 N,, R. 6 w., Lots 5 and 7, si SW^ 
Sec. 31, T. 36 N. , R. 5 u. , and Lots 1, 2, 3, 4, and E^ SEx Sec. 36, I* 36 
N», R. 6 v7» , B.M. , the homesteader's land is not much more than one mile 
due north of this city. It lies on the range of hills across the Clearwater 
River, and the house Mr. Mathewson constructed thereon last fall is in sight 
of the office. 

This is the last piece of unappropriated public land within sight 
of this city so far as we know, 

— _0 

■NOVA SCOTIii CR0T7N LANDS. 

Through a .report from the Consul General at Halifax, Nova Scotia, 
the following interesting note has been received relative to the withdrawal 
cf public lands in Nova Scotia: 



fiy a recent order of the Nova Scotia Government the Commis-?: 
sioner of Crown Lands has given notice of the withdrawal from sale or 
lease of all of the remaining Crown Lands of the Province, the t^tal 
acreage affected being approximately 500,000 acres, divided among the 
several counties of the Province. 

According to a published statement by the Commissioner, the 
land thus withdrawn from sale or lease is the poorest and least valu- 
able to the Province, lying for the most part in inaccessible places 
and being incapable of successful development cither for farming or 
lumbering operations. 

The greatest value of this land as a public asset is said to 
, lie in ,the fact that the bulk of it will serve to safeguard the water 
power potentialities of the Province by 'conserving and maintaining the 
r rainfall, it having been proven that there is much less danger of 

Spring floods' and freshets in wooded countries than in those which have 
been denuded of this natural growth of timber. 

— 

, AW 1 OLD - ' CASS SETTLED. 

A case in Louisiana that has given trouble for nearly 100 years 
has at last been settled. 

The private claim of Robert Martin, No, 34 (Louisiana P.L.C.No. 
3012), which he bought from Miguel Saturnine (American State Papers, vol- 
ume 3, page 509), and which lies in T. 17 S., Rs. 16 and 17 E., Louisiana 
Meridian, Louisiana, on Bayou Black, was reported, to this office on January 
6, ' 1821, by Samuel H. Harper, then register of the New Orleans land office, 
under the act of .May 11. ,1820 (3 Stat., 573). It was apparently confirmed 
by the act of February 28, 1823 (3 Stat., 729). It was surveyed by James 
Grinagc on December 30, 1825, but this survey was not connected With the 
lines of the public land surveys, nor was the grant represented on the town- 
ship plat. 

Beginning on March 27, 1829, and ending in 1919, this office gave 
directions many times that this private land grant be properly resurveyed 
and be duly shown on the township plat. Over and over again the surveyors 
who had taken the contract to do the work, were driven away by settlers, 
with threats of personal violence. 

In T. 17 3., R. 16' E., the grant embraced a part of radiating sec- 
tions 1 to 8, in the shape' of a wedge or obtuse angle, but precisely where 
it was located, was unknown. 

August 15, 1835, Francis and Fernandez Rodrigue made preemption 
cash entry No. 138, New Orleans series, for section 3 in that, tewnrhip con- 
taining 158,76 acres. 

On the same day Charles and Baptiste Blanc hard made cash entry 
No. 189 for section 2", 159.96 acres. 

,9- 



October 1 } 185.1, swamp-land selection List No. 1, Now Orleans ; .■: 
series, made under the act of September 28, 1850 (9. Stat., 519), was signed 
by the then United States Surveyor General for Louisiana. It embraced, 
besides other ' lands' 3 all of sections 1 to 7 in this township, 

January 11, 1853, the State of Louisiana sold section 1 to I. 
bright; sections 4 and 5 to 17. P. Gray; and sections 6 and 7 to J. D. 
Umberfiftld. 

• These lands have changed occupants a number of times and are now 
claimed 1 by the estate of H. C. Minor, but the legal title thereto is, or 
was until a few days ago, still in the United States. 

At last this office, by letter "E" dated July 31, 1919 — 841486, 
gave instructions to some of .its own surveyors to execute a survey of the 
Robert Martin grant. The survey 'was made from January 25 to April 4, 1821. 
The plat thereof was approved on June 20, 1922. ... 

November 21, 1922, after due notioc to all concerned, the cash 
entries Nos. .188 and 189 were canceled by this office as to the parts of 
sections 2 and 3 within the grant. They were then approved for patenting 
as to the remainder of the lands bought under them in 1835. On the same 
date the State's swamp-land claim was rejected as to the portions of sec- 
tions 1, 4, 5, 6, and 7 that are -siithin the grant. A list embracing the 
lands in those sections outside of the grant will now be submitted to the 
Secretary of the Interior for approval. Patent will thereupon issue to 
the State. 

Eventually, therefore, the legal title to the lands in these 7 

sections has passed or will now pass to the present claimants. Secure in 
the possession of their property or safe in its disposal, they can fortify 
their claim of ownership by evidences of title furnished to them by the 

. Government. 

RECENT DECISIONS OF THE CCURTS '4ND OF THE! DEPARTMENT. .. 

Mining Claim — Extralateral Right . 

No extralateral right exists to a vein, lode, or ledge beyond the 
point where, in its course outside .the claim of apex, it becomes flattened 
and extends from thence horizontally in a departure from the approximate 
general plane of the vein in its downward course, or for any considerable 
distance takes an upward trend. (Supreme Court of Arizona.). 

Tom Reed Gold Mines Co. v.' United Eastern Mining Co. 209 Pac. Rep., 
283. 

Mining Claim — Annual ' Expenditure . 

(1) Under tho aot of Congress of October 5, 1917, suspending 
during the years 1917 and 1918, the provision. of section 2324, Revised 
Statutes, requiring annual work upon unpatented olaims., it is necessary to 
file required notices of desire to hold the claims in each year in order to 

"-10- 



obtain the statutory benefit for both years. 

(2) The employee of lessee of unpatented mining property, 
though lessee had agreed, with lessor to file for him all necessary notices, 
does not occup5r fiduciary relations such as to prevent the employee from 
enforcing his own location notice on the leased property adversely to 
lessor, especially ■ where lessor relied exclusively on lessee, (Supreme- 
Court of Arizona.) 

Hatch v. Loighton, 209 Pac. Rep., 300. 

Navigable ,7a tcrs --Riparian Owner * 

Improvements made by a riparian owner in aid of navigation, 
including made land formed as a result thereof, belong to the shore owner 
as an accretion. 

Grant v. Fletcher, 283 Fed. Rep., 245. 

Oil and Gas Lands— Mining Claim — Lease— -A bandonment—Occupant — Estoppel— 
Section 19, Act of February 25, 1920 . , 

The claim of an applicant for a lease under the relief provisions 
of section 19 of the act of, February 25, 1920,. who asserts in support there- 
of an inchoate right under -(-he placer mining laws, but who, during a period 
of several years prior to Oatober 1, 1919, never having made a discovery 
of oil qr gas # stood " idlyHsy and without protest permitted others to ac- 
quire apparent title, and deal with it as theirs, and as though he had no 
right, must be treated as an abandoned claim, not entitled to equitable 
consideration under that section. 

Court and Departmental Decisions Cited and Applied . 

Cases of Galliher v. Cadwell (145 U.S., 368), Moran v. Horsky 
(178 U.S., 205), and Burke etal, v. Taylor etal. (47 L.D., 585), cited 
and applied. 

J. B. Bradley; decided August 16, 1922, by Secretary Fall. 

Stock-raising Homestead — Oil and Gas Lands — App li cat ion — Entry. 



The status of land at. the. time its designation under the stock- 
raising homestead act becomes effective, is the test of the right of an 
applicant to make entry thereof under that act, and, if, prior to that 
time, the land is found to be within the known geologic structure --.f ^ Re- 
ducing oil field, it is not subject to any form of entry. 

Arthur U. Benhart; decided September 29, 1922, 
by First Assistant Secretary Finney. 

-11- 



Stoc k-raising Homestead—Additional Enlarged H omestead— Kink aid Act— r 

SjiiH-lii* ~~ ~~~~"~" ~~. " 

One asserting the right to make an original entry under sectxes 
1 of the stock-raising homestead act because qualified to make an additional 
entry under section 2 of the Kinkaid Act by reason of having made an entry 
in the so-called "Kinkaid territory" prior to. May 29, 190.8, which he sttll 
owns and occupies, or because qualified to make an' additional entry under 
section 7 of the enlarged-homestead acts or under section 6 of the act of 
March 2, 1889, must show that he is not the proprietor of more than 160 
acres of land in the United States, acquired under other than the homestead 
laws. 

Additional Homestead — Second Homeste ad— Statute s. 

The right to make an additional homestead entry mnder section 2 
' of the act of June • 5, 1900, or under the act of February 20, 1917, or to 
make a second homestead entry under section 2 of the act of May 22, 1902 
is subject to the qualification that the applicant must show that he is not 
the proprietor of more than 160 acres of land in the United States acquired 
under other than the homestead laws. 

Departmental Decision Interpreted . 

Rule enunciated in case of Charles Make la (46 L.D., 509), inter- 
preted. 

Instructions. of September 28, 1922, by First Assistant Secretary 
Finney. 

Contest—Contestant — Homestead— Abandonment — Evidence . 

In a contest against a homestead entry predicated upon a charge 
of abandonment it is incumbent upon the contestant, if he would maintain 
the contest, to shovr that the absence was not Under conditions recognized 
by law, inasmuch as such absence does not constitute abandonment. 

Co ntest — Homestead— Farm' Labor— Notice— Abandonment — Evidence. 

While an entryman who absents himself from his entry to perform 
farm labor elsewhere subjects himself to a contest on the ground of aban- 
donment oy his failure to file the notice and written statements required 
by the act of December 20, 1917, yet he is not precluded, if a contest be 
instituted, from showing, in defense thereof that his absence was under 
conditions authorized by that, act. 

Departmental Decisions Cited and Applied . 

Cases of McCraney v» "Heirs of Hayes (33 L.D.,21), Phillips v. 
Gray (41 L.D., 603), and Alice 0. Reder (43 L.D., 196), cited and applied. 

Powers v, Sprecht; decided August 16, 1922, by First 
Assistant Secretary Finney. 

-12- 



Enlarged -Homestead — Additional — Natio nal Forests — Statutes, 

The act of February 20, 1917, extended the right to make an ad- 
ditional entry under the enlarged-homestead acts to one who has obtnined 
title under the general provisions of the homestead lav/ to less than one 
quarter section of undesignablc land, and one who has acquired title to a 
quarter section, certain subdivisions cf v.'hich are within a national forest 
and, therefore, undesignablc, while the remainder is of the character con- 
templated by the enlarged-homestead acts is entitled to its benefits. 

Departmental Decisions Cited and Applied , 

Cases of George M. Ingebo (46 L.D., 431), and Charles Makela (46 
L.D., 509), cited and applied. 

Milton, L, Hinds (on reconsideration); decided September 5, 
1922, by First Assistant Secretary Finney. 

Additional Homestead — Stock-raising Homestead — Occupanc y— Kin kaid Act . 

One who is qualified to make an additional entry under the proviso 
to section 2 of the so-called "Kinkaid Act" of April 28, 1904, as amended 
by the act of May 29, 1908, by reason of his ownership and occupation of the 
land originally entered* is qualified to make an original entry under the 
stock-raising. homestead act for such an area of designated land as, when added 
to the area origin?.]!/ entered, will aggregate approximately 640 acres. 

Homestead— Stock-raising Homestead — Kinkaid Act . 

One who made a homestead entry for any area of land in the terri- 
tory affected by the so-called "Kinkaid Act" after the date of the amendatory 
act of May 29, 1908, is not qualified to make an original entry under the 
stock-raising homestead- act. 

Departmental Decision Cited and Distinguishe d. 

Case of Charles Makela (46 IX,.. 509), cited and distinguished. 

Earl A. Mann; decided September 20, 1922, by First 
Assistant Secretary Finnery, 

S e tt 1 ement-Pr e f e r e nc e R ight — Home s t c ad — En try— Act_ of May 14, 1880. 

The preference right of entry accorded to a settler upon public 
land was not conferred by the act of May 14, 1880, but that act merely placed 
a limitation as to the time within which a prior homestead settler must apply 
to enter the land in order to protect his right against a later settler. 

Se ttlement — Enlarged Homestead — Relation . .. 

The character of the land governs the area that may be embraced 
in a settlement claim and, if the land be subsequently designated under the 
enlarged-homestead act, all rights thereunder relate back to the date of set- 
tlement, 

-13- 



Settlement — School Land — Enlarged Homestead— Survey-- -A pplication* 

Section 2275, Revised Statutes, as amended by the act of February 
23, 189?., excepts from the grant to a State, lands in a specified school 
section embraced within a valid settlement- claim made prior to the survey of 
the lands in the field; and a settler upon such unsurvcyed land subsequently 
designated under the enlarged-homestead act is, upon the filing of the plat 
of survey, entitled to enter as much as 320 acres, notwithstanding that the 
designation was not made until after the application to enter had been filed. 

Departmental Dec isions Cited, Distinguis hed, and Applied. 

Case of Fannie Lipscomb (44 L.D., 414), cited and distinguished; 
cases of Northern Pacific Railway Company v. Morton (43 L.D., 60), Moore 
v. Northern Pacific Railway Company et al. (43 L.D., 173), and Ganus v. 
State of Alabama (46 L.D., 263), cited and applied. 

Alfred 0. Lcnde; decided September 27, 1922, by First 
Assistant Secretary Finney. 

Reclamation— S ettler s— Tfeter Right — Paymen t— Act, of -March 31,. 1922 — Statutes. 

■The provisions of the act of . March 31, 1922, which affords relief 
to settlers. on reclamation projects' with reference to operation and maintenance 
charges, simply relax the requirements of section 6 of the act of August 13, 
1914, by permitting the .Secretary of the Interior, in his discretion, to fur- 
nish irrigation water, during the time specified, therein, to landowners or 
entrymen who are in arrears for more than one calendar year, and nothing con- 
tained therein authorizes the extension of time for the payment of such 
charges. 

Lower Yellowstone Irrigation Districts Nos, 1 and 2; decided 
September 21, 1922, by First Assistant Secretary Finney. 

Contest — Oil and Gas Lands—Prospecting Permit— Record s* 

The rule in Ticrck v # McNcal (48 L.D., 158), to the effect that an 
oil and gas propsccting permit is not subject to contest by a third party, 
did not intend to bar a contest ,base,d upon matters affecting the legality or 
validity of the claim not disclosed by the records or known to the Depart- 
ment. .,.•'.'■•■ 

Contest — Oil and Gas Lands— Notice — Hearing . 

The provisions contained in section 13 of the act of February 25, 
1920,- requiring an 'applicant for a prospecting permit thereunder to monument 
the ground and post •notv>c,, being mandatory, a contest or protest sufficiently 
alleging failure to 'comply therewith should be received and, if found proper, 
affords a basis of an order for a hearing. 

Contest — O il and Gas lands— Prospecting Permit— Jurisdiction^- Commissioner 

oT~thc General" Land Offic e* 

Primary: jurisdiction over protests or contests against oil and gas 
prospecting permits is vested in the Commissioner of the General Land Office. 

-14- 



Departmental Decision llodificd . 

Case of Ticrck v, KcNcal (48 L.D., 158), modified. 

Purvis v. ITitt; decided August 51, 1922, by First assistant 
Secretary of the Interior Finney. 

School Land — Coal Lands — Contestant — Burden of Proof — Survey — Utah . 

TThcre the school grant to the State of Utah under section 6 of the 
enabling act of July 16, 1894, presumptively attached on January 4, 1896, the 
date of its admission, as to lands then identified by the Government survey, 
and the question of the vesting of title is subsequently put in issue on the 
ground that the land contains deposits of coal, the burden of proof is on the 
contestant to shot: that the land was of known coal character on the latter 
date. 

School Land — Coal Hands — Evidence — Utah . 

In order to except lands from the school grant to the State of Utah, 
it must be shown that at the date the grant presumptively attached the known 
conditions were such as to engender the belief that the land contained coal 
of such quality and quantity as would render its extraction profitable and jus-:, 
tify expenditures to that end. 

School Land — Coal Lards-— Evidence — Utah . 

In determining whether or not a tract of public land was known to 
be valuable for its coal deposits at the date of the admission of Utah to 
statehood, proof of its character is not limited to actual discoveries within 
its boundaries, but whatever is relevant and bears in any degree on the question 
of its known character at that time, such as adjacent disclosures and other 
surrounding or external conditions, is admissible as evidence. 

Contest — Register and Receiver — Commissioner of the General Land Office — 
Hearing— Evidence . 

"JThcre a contest is erroneously dismissed by the local officers on a 
motion of the contestec on the ground of insufficiency of evidence, the Com- 
missioner of the General Land Office is without authority to dispose of the 
case upon his reversal thereof, without first affording the contestee an 
opportunity to submit testimony. 

School Land — Coal Lands-Application — Contest — Section 37, Act of February 
25, 1920 . ~~~~ 

A coal application filed under section 2347, Revised Statutes, for 
lands, the presumptive title to which has been at all time6 since statehood, 
and still is in the State of Utah under its school land grant, is merely an 
application to contest the right of the State to the lands in question and does 
not confer upon the applicant any right which, upon a decision against the 
State, can constitute a valid claim within the purview of the saying clause 
of the act of February 25, 1920. 

-15- 



Court a nd Departmental Decisions Cited and Followed . 

Cases of Diamond Coal and Coke. Company v* United States (233 
U.S.j 236), United. States v. Sweet (245 U.S., 563), and Don C. Roberts 
(41 L.D., 639), cited and followed. 

State ,of Utah, Pleasant Valley Coal Company, Intervener v. 
Braffet; decided July 31, 1922, by First lAsVistant Secretary . • 
Finney, "..lotion for rehearing denied October 31, 1922. 

i .';•••■. .... 

Railroad---Sc lection — Mineral Lands --'Survey , ' ;■ ' : ■ ■ ' 

A 40-acre tract of a. fractional lot, being the smallest regular 
subdivision established by the' Government survey, constitutes the unit of - 
the public lands for the purpose of determining their classification under +hc 
agricultural or the mineral land laws. 

Railroad Land — Se lection-- Mineral Lahds*--gurvcy«-Bvidenoo » " .- 

A regular .40-acrc subdivision, ;>s established by official survey, 
must be treated in land grant or other public land claims as an entirety, 
as to its mineral or non-mineral' classification, and an admission in an an- 
swer to a charge in a proceeding against a railroad selection, alleging the ( . 
existence of mineral, that such a tract contains mineral impresses the en- ; 
tire subdivision with that character. 

Railroad Land— -Selection— -Minpraj. Lands— Evidence — Hear ing . 

An answer, which, by its failure to deny, impliedly admits that 
a part of a regular 40-acrc tract of public land, involved in a railroad * 
selection, is mineral in character, must be held as an admission that the 
entire tract is mineral, and such conclusion thereafter leaves no issue > : . 
requiring the submission of evidence at a hearing to prove that the tract is • 
or is. not of that character. 

Land Department— Commissioner of the General La nd Office — Practic e. . 

The Department will take cognizance of only the justifiable and 
legal sufficiency af the adjudication of decisions brought before it f or ; 
review, and it will not concern itself frith the technical perfection of 
decisions rendered by the Commissioner of the General Land Office which do 
not expressly contain the findings involved in 'the issues, but from the 
contents 9 f which such findings are to be implied. 

Departmental Decision Cited and Distinguished . 

Case of Central Pacific Railway Company (46 L.D., 435), distin- 



guished. 



United. States' v. Central pacific Railway Co.; decided August 
30., " 1*92 2, by First Assistant Secretary Finney, liotion for re- 
hearing denied I'Jovcmbcr 15, 192*2. ^ '-' 



-16- 



Enlarged Home stead— S tock-raising- Homes tcad— Residence — Entry — Contiguity , 

An entry under section 7 of the enlarged-homestead act, upon 
which residence is required,, is an original entry within the meaning of 
section 4 of the stock-raising homestead act, and one holding such an entry 
is qualified to make an additional entry under the latter section for such 
an area of designated land as., when added to the area embraced in former, 
entries, will not exceed 640 acres, and the fact that two of its subdivisions 
are contiguous to the original entry is immaterial. 

Stock-raising Homestead — Occupancy — Contiguity.- preference Right — paten t. 

The purpose of section 8 of the stock-raising homestead act was 
to confer upon those who occupy their homesteads a preference right to 
contiguous land regardless of whether patent had or had not issued, and it 
becomes necessary to look to sections 4 and 5 of the act to determine the 
nature of the occupation required. 

Stock-raising Homestead— Final Proof~T7ords and Phrases . 

The terms "existing entry," and "original entry," as used in 
section 4 of the stcck^raising homestead act, mean one and the same thing, 
that is', an entry upon which final proof has not been submitted. 

Conflicting, Dc cis io n Overrule d — Departmental Regulation Vacated — Departmen- 
tal" Decision IJodlfTe dl 

Case of Romero V./Sldow of V/illiam T. Knox (48 L.D., 32'i), over- 
ruled so far as in conflict; paragraph 2 of instructions of March 2., 1921 
(48 L.D., 28), vacated; case ci Charles Makcla (46 L.D., 509), modified and 
extended. 

Jacob Norden; decided August 17, 1922, by 
First Assistant Secretary Finney. 

R es Judicata— Entry — Patent — Adverse Claim — Accretion— Riparian Rights- - 
Survey, 

The Department will apply the doctrine of res adjudicata and refuse 
to reopen a case in which therevhas been a final determination by it that a • 
patent, issued on an entry in accordance with the official plat of survey 
existing at date of entry, conveyed title to adjoining lands added by ac- 
cretion, whore another subsequently attempts to set up a claim to a part of 
the land involved with the view to defeating the title asserted by pur- 
chasers who relied upon the validity of the patent. 

Purchaser — Patent — A dv erse Claim — Occupancy — Forest Lieu Selection — 
Accretion— -Riparian Rights — Survey . 

A purchaser relying upon a Government patent issued in accordance 
with the official plat of survey at date of entry and a departmental ruling 
which held that the patent carried title to lands added to the original 
survey by accretion is such holder under color of title, although not in 
actual occupancy of the lane, as to possess equities creating a claim which 
affords an obstacle to the al"'cwancc of a forest lieu selection, if the lands 
arc indeed public lands. 

-17* 



Land Department-- Jurisdiction — Occupancy — Prefere nce Right* 

The Land Department has jurisdiction over the public lands to 
afford justice to claimants and to protect equities and it may award a 
preference right upon a ground other than that of physical occupancy, unless 
the claim is asserted under a law requiring settlement. 

whittc-n et al v. Read; decided August 30, 1922, by 

First Assistant Secretary Finney. 

Motion for rehearing deniod October 26, 1922. 

Oil and Gas Lands — Prospecting Permit — Desert Land — Preference Right — 
^pplicat ion-- Fees —Relinquishment . 

The preference right granted by section 20 of the act of February 
25, 1920, to one who had bona fide made an agricultural entry of lands not . 1 
withdrawn or classified as mineral, to' prospect for oil and gas attaches 
upon the filing of a completed application for a permit, accompanied by the 
required fees, and such right is not thereafter forfeited by the subsequent 
relinquishment of the basic entry prior to the actual issuance of the permit. 

Oil and Gas Lands— Prospecti ng Permits -""Applicat ion — Entry — Relation. 

The rule that an application to enter public land subject to entry, 
when accompanied by the requisite showing and fees, is equivalent to entry, 
applies with equal force to proper applications filed by qualified persons for 
permits to prospect for oil and gas on lands subject to exploration under 
section 20 of the act of February 25, 1920. 

Departmental Decisions Cited and Applied . 

Cases of Charles C. Conrad (39 L.D., 432), Rippy v. Snowden 
(47 L.D., 321), Louisa B. Johnson (48 L.D., 349), cited and applied. 

Heryford v. Brown; decided August 22, 1922, by First Assistant 
Secretary Finney. 

Soldiers ' A ddi t ional— Town Site — Occupancy — Mat ional Forests--w_iJihdrawal--- 
Rest oratio n. 

The restoration of a tract of public land eliminated from a national 
forest for town site purposes does not preclude the making of a soldiers ' 
additional entry therefor by an occupant whose right of occupancy was not ex- 
tinguished by the Executive order which established the forest rcc^i\rr. 

Departmental Decision Cited and Applied . 

Case of Lewis P. Hunt (41 L.D.,477), cited and applied. 

Sea-Coast Packing Company; decided September 1C,1922, by First 
Assistant Secretary Finney. 

-18- 



Selection,--!? -»i lroad Lan d— .Mining Clai ms-Mineral Lands —Survey- Fv i ' 3 , * /w-3. 

l^lxere, in a proceeding against a railroad selection alleging the 
existence of mineral^, all the evidence as to the character of the la - . .1 re- 
lates only to that portion of the tract which is included within the '' " ; 
of a lode location, the located area, if found to be mineral in chara* 
should be separated by segregation survey, the remainder of the subdivisJ n 
lotted, and the selection sustained against the charge to the extent of the 
non-mineral lands outside of the location. 

United States v. Central Pacific Railway Co.; decided September 
21, 1922, by First Assistant Secretary Finney. 

Oil and Gas Lands — Prospecting Permit — Mining Claim- -Withdrawal — Section , 
19, Act of February 2 5, 1920 . 

Section 19 of the act of February 25, 1920, does not contemplate 
that an applicant for a prospecting permit thereunder must have complied 
with the conditions imposed by the first proviso to section 2 of the act of 
June 25, 1910, but an oil placer location is to be deemed valid within the 
purview of the former section if the claimant thereof had, prior to a petroleum 
withdrawal, outstanding at the date of the enactment of the leasing act, in 
good faith fulfilled all of the requirements under then existing laws necessary 
to valid locations except those relating to the prosecution of work leading to 
discovery. 

Oil and Gas Lands— 'Prospecting Pe rmit— Mining Claim — Patent— Section 19 , 
Act of February 25 ,~~I 920 « 

It is not necessary that the expenditures relied upon by a placer 
mining claimant as a basis for an oil and gas prospecting permit under section 
19 of -the leasing act. if otherwise sufficient to meet the requirements of 
that section, should have been made with -the intention of securing a patent 
under the mining laws. 

i 1 and Gas Lan d s — Prospecting Pex~mit — I lining Claim — Section 19, Act of 
February 25, 1920 . 

Expenditures relied upon as a basis for a, permit under section 19 
of the leasing act, made by a lessee pursuant to an agreement contained in an 
oil and gas lease of a group of placer claims, which provides unconditionally 
for the drilling of but one well, the drilling of other wells being contingent 
upon the production of oil in commercial quantities from the well first to be 
drilled, can be accredited only to a single claim upon which that well was 
proposed to be drilled, where no other expenditures were made with specific 
reference to any of the remaining claims. 

Cotner et al. v, Isgrig et al; decided August 10, 1922, by 

First Assistant Secretary Finnery. 

Motion for rehearing denied November 4, 1922. 

-19- 



-25- 

DEPARTSE .. TKE INTERIOR 

Goners I Land Office 

-hington ..-••'■ 

PUBLIC LAUDS RESTORED TO KOuESTEAL ENTRY AMD OTHER DISPOSITION BY 
PROCLAMATION, 'EXECUTIVE OR DEPARTMENTAL ORDER. 

Preference Eights to Ex-Service Men of the War with Germany. 

General Method of Opening: 

By virtue of Public Resolution No. 2S, of February E, 1920 (41 Stat., 
C34), as amended by Public Resolution Mo. .36, 'approved January 21, 1022, 
hereafter and until February IS, 1930, when any surveyed lands within the 
provisions -of the public, resolution are opened or restored to disposition 
under the authority -of the Department, such lands, unless otherwise provided 
in the order of restoration, shall become subject to appropriation under the 
lavs applicable thereto, in the following manner, and not otherwise: 

Lands not affected by the preference rights conferred by the acts of 
August 18, 1G94 (28 Stat., 594), or June 11, 1906 (34 Stat., 233), or Febru- 
ary 14, 1920 (41 Stat., 407), will be subject to entry by soldiers under the 
homestead and desert-land laws, where both of said lows are applicable, or 
under the homestead law .only, as the .paqe may be, for a period of 91 days, 
beginning with the date of the filing of the . township plat in the case cf 
surveys or resurveys, and with the date specified in the order of restora- 
tion in all other case3, and thereafter to disposition under all of the pub- 
lic land leases, applicable thereto, -except where homestead entrymen ore 
granted a prior preference period under the order. For a period of twenty 
days ar$ for a like period prior to the date or dates such lands become sub- 
ject to' entry by the general public, soldiers in the first instance, and any 
qualified. applicants "in the second, may execute and file, their applications, 
and all such applications presented' 'within such twenty-day periods, together 
with those offered at nine o'clock a.m., standard time, on the dates such 
land3 become subject to appropriation under such applications, shall.be 
treated as filed simultaneously. 

Unsurveyed lands are not subject to homestead or. desert- land entry. 
A homestead entry may embrace 160 acres, or an approximation thereof, and 
where, the lands are of the character contemplated by the 320 or 640 acre 
homestead acts, applications for the Unappropriated lands may be filed by 
qualified persons, under either of said acta; accompanied by proper peti- 
tions, if undesignated', for the designation of lands thereunder, and such ap- 
plications will be suspended ■'•pending determination as to the character cf 
such lands. 

The following are restorations or openings which will occur in the 
near future and concerning which further information may be obtained frcm 
the local office's :' ' 

-20- 

4507 



(303) 

RESTORATION FROM RECLAMATION WITHDRAWAL* 

Montana! 

About P., ^on acres in ■Phillips county, Glasgow, Montana, lar.d district, 
all in T. 27 N., R, 32 E., M* !£., opened to homestead tnd. desert land entry, 
ooginuirp: Pocember 1, 1922, for a period of rirety-or.e days to ex-service men of 
the World War, subject, however, to. valid prior settlement and preference rights; 
filings may be presented during the twenty days preceding that date, or from 
November 11, 1322, to November 30, 1922, inclusive. Any lands remaining unentered 
after the expiration of the ninety-one day ^period, or beginning March 2, 1923, 
will be open to settlement and all fcrms of entry and selection by the general 
public. The lards are in the vicinity of Beaver Creek and near the town of 
Content. The nearest railroad is the Great Northern Railroad. Available infor- 
mation indicates that the tracts consist of rolling prairie land. 



4687 



-21- 



309 

NEW MEXICO: FROM STOCK DRIVEWAY WITHDRAWAL. 

Six hundred and ninety-three acres in Sandoval County, Santa Fe 
land district, released from stock driveway withdrawal. All of the lands 
are embraced in a withdrawal for coal classification and are open to surface 
entry only under the homestead and desert-land laws by ex-service men of the 
war with Germany for a period of SI days, beginning with November 29, 1922. 
Filings may be presented at any time during the 20 days prior to that date. 
On and after February 28, 1923, any of such lands remaining unentered will 
be open to appropriation under any public land law applicable thereto by 
the general public. 

The preference accorded ex-service men in this restoration is sub* 
ject to prior valid settlement rights and equitable claims. 



310 

IDAHO: FROM STOCK DRIVEWAY WITHDRAWAL. 

One thousand seven hundred and nine acres in Hailey land district, 
open to homestead and desert-land &ntry by ex-servioe men of the war with 
Germany for a period of 91 days, beginning November 27, 1922. Filings may 
be presented during the 20 days prior to that date. On and after February 
26, 1923, any of such land remaining unentered will be open to appropria- 
tion under any public land law applicable thereto by the general public. 

The tract is released from driveway withdrawal and mountain 
grazing land. 



-22- 



(lit) 

UTAH: OPEN TO ENTRY THROUGH SURVEYS. 

The official pl*tc-of the survey of public lands in T. 13 S. 5 R 21 
E. , and T. 17 S. , R. 5 W. , S.L.M., were transmitted to the Surveyor General 
for Utah with letters dated November 2 and 3, 1922, with instructions to 
transmit copies thereof to the United States land offices at Vernal and Salt 
[XSke 'City for official filing, after the usual thirty days' notice. The date 
of filing will be fixed by the registers of these offices. 

The surveys in T. 13 S. , R. 21 E. , were made upon application of the 
State and the public lands involved aggregating about 19,000 acres were with- 
drawn under the provisions of the act of August 16, 1894 (28 Stat., 594), 
until 60 days after the date of filing of the plat during which period the 
State has a preference right to select lands therein in satisfaction of public 
land grants. Upon the expiration of such period ex-service men of the TJorld 
\7ar, subject to prior valid settlement rights and equitable claims are en- 
titled to a preference right to enter under the homestead and desert-land 
laws for 91 days, lands not selected by the State. Ex-service men are also 
entitled to a preference right to enter under said laws, approximately 2,700 
acres in T. 17 S. , R. 5 W. , for 91 days, beginning with the date of filing 
of the plat under public Resolution No. 36, of January 21, 1922; all lar.ds 
will be opened to general disposition on the expirution of the soldiers' 
preference periods indicated. 

The lands are reported as broken benches and rolling mountains, 
covered with scrub timber. 

-23- 
(4693) 



(312) 

WYcMTNG: RESTORATION FROU RECLAMATION WITHDRAWAL. 



About 4,000 acres in Fremont County, Lander land district, all 
in T. 4 II,, R. 3 W. , Wind River Meridian, opened to homestead and' desert 
land entry, beginning December 8, 1922, for a period of ninety-one days, 
to ex-service men of the World War, subject, however, to valid prior set- 
tlement and preference rights; filings may' be presented during the twenty 
days preceding that date, or from November 18 .to December 7, 1922, inclu- 
sive. Any lands remaining unentered after the expiration of the ninety- 
one day .period j or beginning March 9, 1923, will^ be- opened to settlement 
and all forms of entry and' selection by the general public. The lands are 
in the vicinity of the Wind River or Shoshone Indian Reservation and near 
the town of Lenore. According to information, the tracts are hilly and 
mountainous. 

— 



CALIFORNIA: 

Two thousand six hundred and seventy-nine acres in scattered 
tracts in the- Sacramento or Susanville land district, ODen to homestead 
and desert land entry by ex-service men of the war ' iitb/ Germany for a 
period of 91 days, beginning November 27, 1922. Filings may be presented 
during the twenty days prior to that date. On and after February 26, 1923, 
any of such land remaining unentered will be subject to appropriation under 
any public land law applicable thereto by the general public. The tracts 
are released from driveway withdrawal and are reported to bi generally brush- 
covered grazing lands with some scattering timber. 



(4698) 



■24- 



313 

MONTiYM: FR01i STOCK DRIVEWAY V/ITHDRAUAL- 

Ti'/o hundred acres in Custer County, Helena land district, open 
to entry unrier the homestead and desert-land laws by ex-service men of 
the war with Germany for a period of 91 days, beginning with December 7, 
1922. Filings may be presented at any time during the 20 days prior to 
that date. On and after March 8, 1923, any of such lands remaining un- 
entered will be open to appropriation under any public land lav/ applica- 
ble thereto by the general public. The lands are released from stock 
driveway withdrawal and designated under the enlarged-homestead law. 

The preference accorded ex-service men in this restoration is 
subject to prior valid settlement rights and equitable claims. 



■25- 



(314) 

IDAHO: OPEHED TO ENTRY THROUGH SURVEYS. 

The official plats of the survey of public lands in T, 7 S., 
P. IE., and T. 8 S. , R, 1 E, , E. M-, were transmitted to the Surveyor 
General for Idaho with letter dated November 10, 1922, with instructions 
to transmit copies thereof to the U. S. land office at Boise, for official 
filing after the usual 30 days notice. Date ox filing will be fixed by 
the register bf "that office. Approximately 16,000 acres will be opened 
to entry and subject to prior valid settlement . rights and equitable claims, 
ex-service men of the World War will be entitled to a preference right to 
enter these lands under the homestead and desert land laws for a period 
of 91 days, beginning with the date of filing of the plats under Public 
Resolution No. 36, January 21, 1922; all lands will be opened to general 
disposition on the expiration of the 91-day period. 

The lands are reported as mountainous , with a fine growth of bunch 
grass, which affords excellent spring and fall grazing. 



(.697) - 2C ~ 



(315) 

WYOMING: OPEN TO ENTRY THROUGH SESURVftYS. 

The official plat of the resurvey of public lands in T« 41 N*j 
R. 88 W-, 6th P.M., was transmitted to the Surveyor-. General for Wyoming 
with letter dated November 10, 1922, with instructions to transmit a copy 
thereof to the United States land office at Buffalo for official filing after 
the usual thirty days notice. Date of filing will be fixed by the regis- 
ter of that office- Appro ximately 15,000 acres Will be opened to entry and 
subject to prior valid settlement rights and equitable claims, ex-service 
men of the. World War will be entitled to a preference right to enter these 
lands under the homestead and desert land laws for a period of 91 days, be- 
ginning with the date of the filing of the plat under Public Resolution 
No. 36, January 21, 1922; all lands will be opened to general disposition 
on the expiration of the 91-day period, 

The lands are reported as mountainous and rolling, with a good 
growth of grass. 



(4737) 



-27- 



(316) 

uiah: open to entry through survey. 

The official plat of the survey of public lands in T. 37 S., R» 
20 E», S* L» M«, was transmitted to the Surveyor General for Utah with letter 
dat^d November 13, 1922, with instructions to transmit a copy thereof to the 
United States land office at Salt Lake City for official filing after the 
usual thirty days notice. The date of filing will be fixed by the register 
of that office, Approximately 12,000 acres will be opened to entry and sub- 
ject to prior valid settlement fights and equitable claims, ex-service men of 
the World War will be entitled to a preference right to enter these lands under 
the homestead and desert land laws.) for a period of 91 days, beginning with the 
date of filing of the plat under Public Resolution No. 36, January 21, 1922; 
all lands will be opened to general disposition on the expiration of the 91- 
day period* 

The lands are reported as very rough and broken by deep box gulches 
and covered with a dense growth of scrub timber. 



(4738) 



■ 28. 



(317) 

SOUTH DAKOTA: RECOVERED THROUGH CANCELLATION OF PATENT, 

One hundred and sixty acres in Custer County, Rapid City land 
district, open to entry under the homestead and desert-land laws by ex- 
service men of the war with Germany for a period of 91 days., beginning 
December 18, 1922, Filings may be presented within the 20 days prior 
to that date. On and after March 19, 1923, any of said land remaining 
unentered will be open to appropriation under any applicable public land 
law by the general public. The tract has been recovered by the Government 
through cancellation of homestead patent by decree of court, and has been 
designated as enter able under the 320-acre homestead law, 

(318) 

COLORADO: RECOVERED BY UNITED STATES THROUGH COURT PROCEEDINGS. 

Six non-contiguous tracts, aggregating 993*88 acres, of classi- 
fied coal land ranging in price from $94 to $170 -per acre, in the Fueblo 
land district, open to surface entrj' under the homestead and desert-land '. 
laws by ex-service men of the war with. Germany for a period of 91 days, 
beginning December 19, 1922* Filings may be .presented at any time during the 
20 days prior to that date. On and after March 20, 1923, any of such land 
remaining unentered will become subject to appropriation under any appli- 
cable public land law, and the coal deposits in the restored tracts to dis- 
position under the provisions of the Federal Leasing Law of February 25, 
1920 (41 Stat., 437). 

The lands have been recovered by the Government through court 
proceedings and the greater portion of the tracts have been designated 
under the 320-acre homestead law. 



(319) 

NE17 MEXICO: FROM STOCK DRIVEWAY u'ITHDRAV7AL. 

Six hundred and forty acres in the Santa Fe land district, open 
to entry under the homestead and desert-land laws by ex-service men of the 
war with Germany for a period of 91 days, beginning December 18, 1922, 
Filings may be presented within the 20 days prior to that date. On and 
after March 19, 1923, any of such land remaining unentered will be subject 
to appropriation under any applicable public land law by the general public, 

The tract is released from driveway withdrawal, and is reported 
to be rolling with a sandy soil and fair growth of native grasses, and has 
been designated as enterable under the 320-acre homestead law. 



-29- 



(320) 

NEW MEXICO: FROM STOCK DRITEttAY UITHDRAWilL. 

One hundred and sixty acres in Eddy County, Rosweli land district, 
open to entry under the homestead and desert-land laws by ex-service men 
ol' the war with Germany, for a period of 91 days, beginning December 19, .">922« 
Filings nay be presented at airy time during the 20 days prior to that date. 
On and after March 21, 1923, any of such lands remaining unentered will be 
open to appropriation under any public land lav applicable thereto by the 
general public. 

The lands are released from stock driveway withdrawal and are re- 
ported to be desert in character. The preference accorded ex-service men 
by this restoration is sublet to prior valid settlement rights and equitable 
claims . 

(321) 

T7YCMING: FROM STOCK DRIVEILIY ¥T.THDRATCAL. 

Four hundred and four acres in Park County, Lander land district, 
open to entry under the homestead and desert-land laws by ex-service men of 
the warlwith Germany for a period of 91 days., beginning with December 21, 
1922, and where embraced in a petroleum reserve or classified as coal, subject 
to the conditions applicable thereto. Filings may be presented at any time 
during the 20 days prior to that dote. On and after March 23^ 1922., any of 
such lands remaining unentered will be open to appropriation under any 
public land law applicable thereto by the general public. 

The lands are restored from stock drivexvay withdrawal and the 
preference accorded ex-service men in this restoration is subject to prior 
valid settlement rights and equitable claims. 



,30- 



(322) 

MONTANA: OPEN TO ENTRY THRGJGH SURVEYS. 

The official plats of the survey of public lands in T. 22 N., R, 24 
E»* T» 23 N.,-Rs. 24 and 2.5 E., and T. 23 N«7^R7 "30ET,~were transmitted to 
the Surveyor General for Montana, with letter dated November 18, 1922, with 
instructions to transmit copies thereof to the United St-ac.es land offices 
at Havre and Glasgow, for official filing, after the usual 30 days notice. 
The date of filing will be fixed by the registers of these offices-, .^proxi- 
mately 81,000 acres will be open to entry and subject to prior valid settle- 
ment rights and equitable claims. Ex-service men of the World war will be 
entitled to a preference right to enter these lands under the homestead and 
desert-land laws for a period of 91 days, beginning with the date of filing 
of the plats under Fublic Resolution No* 36, January- 21, 1922; all lands 
will be open to general disposition on the expiration of the .91-day period. 

The lands are reported as rough and broken, and will furnish fair 
grazing for stock. 

(323) 

MONTANA: FROM RANGER STATION vTITHDRAwAL. 

One hundred and sixty acres in Sweet Grass County, Helena land 
district, open to entry under the homestead and desert-land laws by ex- 
service men of the war with Germany for a period of 91 days, beginning . ••■ 
December 18, 1922. Filings may be presented at any time during the 20 
days prior to that date. On and after March 20, 1923 j any of such land re- 
maining unentered will be open to appropriation under any public land law 
applicable thereto by the general public. 

The lands are released from ranger station withdrawal and have been 
designated under the enlarged-homestead act. The pteJ^ejrence accorded ex- 
service men of- this restoration is subject to prior valid settlement rights 
and equitable claims. 



Stock Driveways, . 

During the month of November certain of the stock driveway with- 
drawals theretofore made in Arizona, Montana, New I.Iexicc, and TTycming have 
been modified by adding certain lands thereto or by releasing lands there- 
from. The total area withdrawn for driveway purposes through such modifi- 
cations was 760 acres, and that released aggregated 18,284 acres. 



■31- 



Circular Wo. 504, 

(Revised*) 

COST OF CERTIFIED COPIES 0^ RECORDS aND PAPERS. 

Department of the Interior, 

General Land Office, 
Washington, D. C, September 12, 1922. 

1. Under existing laws, the following is a schedule of fees for the 
preparation and delivery of certified copies of records and papers by the 
General Land Office, Circular No. 504 (45 L.D., 405)., is amended to read 
as follows: 

(a) For written copies, 15 cents for each 100 words* 

(b) For photographic copies. 15 cents for each sheet not exceeding 
llg- by 15 inches; for larger sizes a proportionate cost, not to exceed 40 
cents per sheet. 

(c) For photolithographic copies of township plats, 50 cents each. 

(d) For tracings oi- blue prints, a sum equal to the cost of preparing 
the same. 

(e) For certifying a copy and affixing thereto the seal of the officer 
certifying, 25 cents. 

(f) For each certified copy of any printed order or regulation in- 
tended for gratuitous distribution, 25 cents. 

2. The cost of a certified photographic copy of a patent is ordinarily 
40 cents and of a typewritten copy 85 cents, 

3. .n. separate certificate and seal must be attached to each certified 
copy of a patent,, as well as to each certified copy of a township plat; but 
vhere there have been two or mere surveys of- a tovmship and a copy of each 
plat of survey is desired, all of such related plats nay be certified under 
one certificate and seal, 

4. All fees for certified copies must be paid in advance. In any 

case wnere tne amount remitt ad is insufficient, the remitter will be promptly 
advised concerning the deficiency. 

5. Remittances may be effected by means of New York exchange, certi- 
fied check, cashier's check, or post-office money order, and should be made 
payable to the Commissioner of the General L^nd Office. 



"TLLliik SFI 



tXj 



Approved: Commissioner, 

E. C. FINNEY, 

First Assistant Secretary, 



-32- 



Circular No. 8*1-6. 

4HENDMEN1 OF TBB REGULATIONS UNDER THE 

STOCK-RAISING HdffiSTEAD .XT. 

This amendment of the previous regulations under the stock- 
raising homestead act was approved by the Secretary September 9, 
1922, but is of too great length to permit of its being carried in the 
Bulletin. Applications for copies of the circular should be addressed 
to the Commissioner of the General Land Office. 



-33- 



Circular No. 859. 
DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington October 30, 1922, 



For the relief of Indians, 



(Registers and Receivers, 
U. S* Land Offices, 
in Arizona, California, and New Mexico. 

Gentlemen: 

. ■ ■ 

The act of Congress approved on March 4, 1913 (37 Stat*, 10Q7) , 
made these provisions: 

That the Secretary of the Interior be, and he is hereby, au- 
thorized in his discretion to request of the present claimant under any 
railroad land grant a relinquishment or reconveyance of any lands situ- 
ated within the States of Arizona, New Mexico ,> or California, passing under 
the ■ grant, which are shown to have been occupied for five years or 
more by an Indian entitled to receive the tract in allotment under ex- 
isting law but for the grant to the railroad company; and upon the execu- 
tion and filing of such relinquishment or reconveyance the lands shall 
thereupon become available for allotment and the company relinquishing 
or reconveying shall be entitled to select, within a period of three 
years after the approval of this act, and have patented to it, other 
vacant, non-mineral, non-timbered, surveyed public lands, of equal area 
and value, situated in the same State as may be agreed upon by the Sec- 
retary of the Interior, provided that the total area of land that may 
be exchanged under the provisions of this act shall not exceed 3,000, 
acres in Arizona, 16,000 acres in New Mexico, and 5,000 acres in Cali* 
foroin . 

The act ,of April 11, 1916 (39 Stat., 48), extended the provisions 
of the act of March 4, 1913, for a period of two years from and after March 
4, 1916, and provided that the total area which' might be exchanged thereunder 
should not exceed 10,000 acres in Arizona and 25,000 acres in New Mexico. 

The act of June 30, 1919 (41 Stat., 9), further extended the pro-.. 
visions of the basic act for a period of one year from and after March 4, 
1919. 

September 21, 1922, an act of Congress,^? approved, (public. No, 
329, 67th Congress., H.R. 10.193) t the second section of which reads as follows; 

Sec 2. That all of the provisions of an Act entitled "An Act 
for the relief of Indians occupying railroad lands in Arizona, New 
Mexico, or California," approved March 4. 1913, and amended by the Act 
of April 11, 1916, and the Act of June 30, 1919, be, and the same are 
hereby, extended to March 4, 1923; Provided, That the provisions of this 



Act shall apply only in cases where it is shewn that the lands were- 
actually occupied in good faith, by Indians, prior to March 4, 1913, 
atid the applicants are otherwise entitloa to receive such tracts in 
allotment under existing law, but for the grant to the railroad com- 
pany. 

Do what you can, without expense to the Government, to spread 
information of the passage of this act. 

promptly transmit to thic office all Indian allotment applica- 
tions filed under the act of March 4, 1913, as now extended. When they 
are received here the procedure outlined by Circular No* 533, dated March 
12, 1917 (46 L*D: f 44), will be followed. 

Very respectfully, 

GEO. R. WICKHAM, 

Acting Commissioner. 



Approved: October 30, 1922. 
E. C. FINNEY, 

First Assistant Secretary, 



-35- 

4684 



Circular No. 36C, 
DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington October 31, 1922. 

Registers and Acting Registers, ACCOUNTS: Acting Registers, 

United States Land Offices, 

Gentlemen: 

Under act of Congress approved October 28, 1921, the offices 
of register and receiver have been consolidated in a number of land 
offices, and a clerk designated in each of such offices to act in case of 
a vacancy in the office of register by reason of death, resignation, or 
removal, or in case of inability to act. The Comptroller General, in a 
decision dated September 7, 1922, held that the law does not provide that 
the employee designated to act as register shall be-'t. deputy register au- 
thorized to act for and in the name of the register, and in a decision 
dated (Uctober 16, 1922, he gives some special instructions concerning ac- 
counts rendered by acting registers, which instructions are incorporated 
herein. 

The act does not contemplate that the clerk designated to act 
"will act for a short period, such as the fractional part of a day, when the 
register is absent for his own convenience, and the designated clerks vail 
not act as register except in cases where there is a real necessity. 

Ordinarily, all disbursements may be made by the register as 
special disbursing agent, and it will not be necessary to advance funds to 
the acting register. In case of a vacancy in the office of register or in 
case where it is known ithat the register can not act for a considerable 
period of time, the acting register should make requisition in the usual 
way for the necessary funds to pay the expenses, of the office. However, 
if the register has the necessary fund3 on hand and knows that it will be 
impossible forVhim to pay the expenses of the office during his enforced 
absence, he may check his balance as special disbursing agant,'©r such 
amount thereof as will be necessary to meet the expenses of the office 
during his absence, to the acting register, debiting the United States 
therewith under the appropriate titles in his account currant an "Trans- 
ferred to Acting Register," The acting register will deposit the amount to 
his official credit, credit the United States with the amount in his account 
current under the same headings and same amounts under each as "Received 
from Register," and pay the expenses in the s.jne manner as though the funds 
were advanced to him from the Treasury. 

Money received by the acting register as such should be receipted 
for in his own name and deposited to his official credit. He must render 
monthly and quarterly accounts for all such moneys in the manner and form 

-36- 



required as to receivers of public moneys, except that he need not render 
a monthly account for any period in which there are no fiscal transactions 
for -which he must account. 

As far as it is possible, money should be applied by the register 
rather than the acting register, although the allowance of any entry must 
not be delayed on this account-, and, whenver it is necessary for the acting 
register to apply moneys in connection with allowed entries, he may apply i 
the amounts from any unearned moneys in his possession without reference to 
whether they relate to the particular entries. He must, of course, hare the 
necessary funds in hand, and he must know that the claimant whose entry is 
allowed has the necessary money on deposit either with the register or acting 
register. 

The register will show in the "Abstract of Moneys Received 7 ' (Form 
4-103), all amounts received by himself or the acting register during the 
period for which his account is rendered, but will show in parentheses all 
amounts received by the acting register. The amounts showa in parentheses 
will not be included in the totals, and will, therefore, not be carried to 
the register's account current, but he will show in parentheses the total of 
all item§ appearing on the abstract. He is not accountable for the items, 
but they enter into his earnings and are needed in a single statement for 
statistical purposes. A new abstract of moneys received having two amount 
columns (one to show the amounts received by the register and the other to 
show the amounts received by the acting register), will be provided at an 
early date, and thereafter the register may show the acting registers 
amounts in the designated colum